Successful Medical Negligence Claim results in £180,000 in compensation recovered as a result of damage to the spinal accessory nerve during cyst removal procedure from the neck.

Lauren Kerse, Medical Negligence Solicitor, at Ringrose Law, recently acted for Mrs C, who sustained damage to the spinal accessory nerve during a cyst removal procedure which caused long term shoulder dysfunction.

During the procedure, the nerve was damaged which caused Mrs C difficulties in lifting her arm higher than shoulder height which had severe consequences for her as a sole trader. In the immediate aftermath, Mrs C was able to rearrange and reduce her working schedule, however, it soon became apparent with specialist knowledge and skills that this had caused Mrs C a loss of earnings.

Through detailed review of her books and her historical price increases, Lauren was able to successfully prove that the negligence had caused a past loss of earnings given that there was a reduction in her workload, even though Mrs C’s annual accounting reports did not show a variation in her profits.

With medical evidence from a Maxillofacial Consultant, as well as a Consultant Peripheral Nerve Specialist it was also identified that Mrs C would have further loss of earnings as a result of the shoulder dysfunction being permanent up until 10 years in the future. The medical evidence suggested that that was when the full impact of the injury was likely to be felt by Mrs C. This in turn would have caused her difficulties with earning income and Mrs C was also likely to need significant remedial surgery which could affect her ability to continue working after the operation. The settlement reflected the difficulties that Mrs C was likely to face in 10 years’ time and the impact that will have on her income.

Initially, an offer was made for £75,000 to settle the claim, however, Mrs C followed our advice not to accept in order to fully explore the effect on her loss of earnings. Lauren was able to collate the information with regard to her financial circumstances as a sole trader, and once the claim was served on the Defendant, settlement was then negotiated in the amount of £180,000.

Mrs C comment; ‘I wasn’t sure if I should have accepted the £75,000, but I followed your advice and it was worth the outcome, as you looked into all avenues to get more clearer answers for me to help with my future.’

As a sole trader or someone who is self-employed, it is important to ensure that your claim is handled by a firm who has specialist knowledge to understand your business and identify the effect that negligence has had on your earnings, as well as the physical effect it has on you. Ringrose Law is able to provide that expert service to you.

We can help

If you would like to speak with Lauren Kerse, or another member of the medical negligence or personal injury team, please do not hesitate to contact us. Call 01522 561020 or email


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