Access Legal from Shoosmiths announces £10.8m payout for 11-year-old left disabled from birth

Tue, 08 May 2012 14:23:59 GMT

Access Legal from Shoosmiths has announced that Milly Evans, an 11-year-old-girl left severely disabled from birth, was awarded £10.8 million compensation.

The national law firm Access Legal and its team of medical negligence solicitors helped secure the amount - believed to be one of the largest ever in the UK - at a High Court hearing.

The injury to Milly happened during her birth at Lincoln County Hospital. Milly's mother, Kate Evans, was already in established labour when she was admitted to hospital at 7pm on 1 March 2001. Her baby's heart was initially monitored, but later heart rate monitoring was totally inadequate. By 10pm it was discovered that the baby had an abnormal heart rate and was suffering fetal distress.

Milly was born at 10.20pm and transferred to the neo-natal unit, where she underwent resuscitation and suffered a seizure. Mrs Evans said that if the baby's heart had been properly monitored, the midwife would have spotted the fetal distress sooner and Milly would have been delivered earlier and not suffered catastrophic injury.

After many years, United Lincolnshire Hospital NHS Trust, which runs Lincoln County Hospital, eventually admitted liability for its mistakes, but national law firm Access Legal from Shoosmiths had to fight to secure adequate compensation for Milly.

Milly suffers from cerebral palsy and requires 24-hour care. In addition to being confined to a wheelchair, she is unable to speak and is dependent on others for all daily activities. Milly's intellect has remained fairly well intact, and she communicates through an eye-gaze system.

Milly's parents will use the money to pay for past and future full-time carers, plus ongoing treatment, education, special equipment, transport, and loss of future earnings. Additionally, the compensation amount takes into account general damages for pain, suffering and loss of amenity.

Mr and Mrs Evans have had to make many sacrifices for their daughter over the last 11years. Milly's father, Andy, was an RAF Squadron Leader and a former member of the famous Red Arrows display team. He was not able to continue with his career as a consequence of Milly's disabilities.

Milly will now be able to have a specially-adapted home featuring hoists and a hydrotherapy pool, and it will be big enough for Milly to access all rooms in her wheelchair.

Mrs Evans said: "We've all been through a very difficult time. The money will never make up for the mistake that condemned Milly to a lifetime of dependency on others. However, it will ensure that Milly is provided with full-time care and equipment throughout her life. We now want to build a loving and secure life for Milly in a new adapted home."

Access Legal partner and medical negligence specialist Denise Stephens said: "Milly is an amazing girl, with a beautiful smile and a sense of humour. She requires round-the-clock care and attention, and will do so for the rest of her life. It was crucial, therefore, that we were able to secure a compensation award of this size to provide for Milly's needs."

About Access Legal:
From helping customers buy a new house to settling a legal dispute or claiming compensation for an injury that wasn't their fault - Access Legal have it all covered. Whatever legal obstacles life throws at a customer's way, Access Legal from Shoosmiths works to help tackle them.

Access Legal's dedicated team of experts specialises in everything from buying a house to employment rights, to motoring law. Access Legal helps protect its customer's assets, uphold their consumer rights, guide them through a coroner's inquest, and even advise them on how to make a will. Additionally, Access Legal's team of personal injury solicitors offers assistance for those needing to make injury compensation claims.

RJW investigates reports of failures at Staffordshire hospitals

Tue, 09 Mar 2010 11:38:44 GMT

RJW is currently investigating cases of negligence after a report by Robert Francis QC revealed a catalogue of failures at Mid Staffordshire hospitals. An obsession with hitting targets led to the neglect and unnecessary death of patients. In response, the Prime Minister said that managers would be held to account for failures by the Mid Staffordshire NHS Trust.

Francis warned that hospitals should understand that their excellence was not guaranteed by their star rating: what matters is the way patients are treated.

"The story of Stafford shows graphically, and sadly, that benchmarks, comparative ratings and foundation trust status do not in themselves bring to light serious and systematic failings," he said.

Relatives of patients at Mid Staffordshire were unhappy that the report failed to support calls by organisations such as AvMA (Action against Medical Accidents) for a public enquiry.

Paul Sankey, specialist clinical negligence solicitor and partner at Russell Jones & Walker (RJW) said: "What is needed is a patient-centred culture in which pursuing targets does not detract from care. Sadly patients are too often been the victims of errors which should have been avoided."

Russell Jones & Walker have a specialist team pursuing claims for people who have suffered serious harm as a result of avoidable medical accidents. They have recently recovered a 7-figure award for a brain injury claim on behalf of a man who suffered the injury after doctors failed to carry out a planned investigation and to prevent a stroke. They have also won compensation for the husband of a woman who died of skin cancer and another who died of lung cancer. Other cases concern people whose fractures were not diagnosed where the wrong tests were done or x-rays misinterpreted. They are currently involved in claims against the Mid Staffordshire NHS Trust.

RJW has a specialist medical negligence claims department with experts accredited by the Law Society and AvMA who handle claims for damages arising from clinical negligence. With its network of offices across the country RJW can assist with claims nationwide.

About Russell Jones & Walker
Russell Jones & Walker is a leading national firm of solicitors dedicated to upholding the legal rights of individuals. From the firms foundation in the 1920s the focus has and continues to be, people and those who represent them.

The firm has grown from its trade union roots into a respected national organisation with nine offices across England and Wales, and an associated office in Scotland. The reputation of Russell Jones & Walker is built on the range of expertise offered by its partners and staff and on the scope of their practical experience.

RJW Solicitors represents clients across a range of areas from personal injury claims work to commercial and criminal litigation, defamation, reputation management, clinical negligence, including cancer claims, as well as providing specialties as employment lawyers and fraud lawyers.

Top Articles Tagged with medical-negligence

Access Legal from Shoosmiths announces £10.8m payout for 11-year-old left disabled from birth

RJW investigates reports of failures at Staffordshire hospitals