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Claimant Against a Solicitor For Failing To Issue Court Proceedings in Time

We represented C, a client who had instructed a firm of Solicitors to pursue a claim for damages for clinical negligence. Essentially, the claim related the hospital failing to act upon an x-ray which was undertaken which demonstrated cord compression. 

Erroneously those initially representing C assumed that she lacked mental capacity and therefore they did not protect her position by issuing Court Proceedings prior to her 21st birthday. As it transpired C did have capacity and as her former Solicitors had failed to issue Court Proceedings on her behalf, her claim against the health authority was “struck out”.

C then contacted the specialist team at Mintons. We pursued a claim against her former Solicitors and which involved consideration of whether her original claim against the hospital would have succeeded on the balance of probabilities.   Eventually it was possible to resolve the claim and C recovered over £250,000.00.