(Estimated reading time: 1 minute, 50 seconds)
A complex Cauda Equina Syndrome (CES) clinical negligence case – with ATE insurance and disbursement funding from Temple – has been successfully concluded after a major 3-week trial.
These are not easy victories to achieve, so we are delighted for the insured client and their legal team which included leading solicitors, barristers and experts. Client anonymity of course means we cannot provide any further details of the case, suffice to say the access to justice provided to the claimant has enabled them to regain some normality in their life following a delayed diagnosis resulting in a CES claim that could have been avoided.
Commenting on the disbursement funding provided by Temple in addition to the ATE insurance the solicitor involved said ‘The claimant could not have put their case to the Judge without your financial backing’. Neither breach of duty nor causation are easy to prove in CES cases. Experts from several disciplines are required to argue the case for delay in diagnosis and then any delay in delivery of the treatment required within 24 hours to avoid permanent nerve damage.
Stop Press – double success
We are delighted to report another successful outcome in a Cauda Equina Syndrome case, against the client’s GP. This case originally started with legal aid and liability was fully denied – but was referred to our underwriters and insured along with the use of Temple’s disbursement funding. A liability trial was due to commence shortly, however the case settled this month for a substantial amount of damages. It was necessary to investigate the claim against multiple potential opponents, although we insured against one. As with the case above there were a number of experts involved.
In summary both of these cases are example of Temple’s ATE insurance and disbursement funding assisting a leading clinical negligence lawyer to provide access to justice.
Encouraged by these successes, we seek approaches from those CES specialist law firms with whom we currently do not work. We offer the most generous degree of delegated authority in the ATE insurance market; which together with our integrated disbursement funding facility makes us the best choice for CES lawyers and those engaged in other high-value clinical negligence matters.
Find out more about our specialisation in Cauda Equina Syndrome cases.
Alex started working in general insurance in January 2004 dealing with household and home emergency claims at RSA.
In February 2006 she moved to DAS working in property and personal contract claims in their BTE department and started her CILEX studies in 2008.
In May 2012 Alex moved to the DAS ATE department working with PI and Clinical Negligence claims.
In August this year Alex started at Temple Legal Protection working in the ATE department.
Read articles by Alex Stracey