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News | Tue 26th May, 2015
On 19th May 2015 Judgment was handed down by HHJ Denyer QC at Bristol County Court in relation to a 5 day clinical negligence trial that took place between 20th and 24th April.
The case involved a misdiagnosis of a fracture to the greater tuberosity that, on the claimant’s case, caused a subsequent non-union requiring surgery and resulting in permanent symptoms of pain and restriction of movement. The defendant’s case, reliant upon evidence from a world renowned shoulder expert, Mr Chris Constant, was that the misdiagnosis had no causal impact on the outcome in the case and was only responsible for additional symptoms of pain and suffering over a period of 4 weeks post accident until the correct diagnosis was made.
After successfully cross examination of Mr Constant at trial, HHJ Denyer QC rejected his evidence on the issue of causation and accepted the evidence of the claimant’s shoulder expert Mr. Kurer. As a result, judgment was entered for damages in a six figure sum representing general damages, loss of earnings and other miscellaneous special damages.
Stuart was instructed by Lyndsay White of Barcan Kirby solicitors. The defendant was represented by Harry Trusted of Outer Temple Chambers.
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