Martyn Prowel Gartsides have successfully settled a claim for damages against two Chiropractors at a Chiropractic Clinic in South Wales after their unnecessary and negligent treatment left our Client suffering from neck pain and bilateral arm symptoms.
Background
In 2020, we were instructed by Mrs C to pursue a medical negligence claim following her unfortunate experience with two Chiropractors working at the same clinic. After attending with Mrs C and hearing her story, we entered a CFA (no win no fee). This allowed our client access to justice without bearing any financial risk, therefore making the whole process as least stressful as possible.
Mrs C explained how she attended a free health assessment at the Defendants Clinic back in 2019, and despite having no symptoms, was told that she required chiropractic treatment to rectify the fact that one of her hips were higher than the other. Mrs C therefore set up a direct debit with the clinic and attended several treatment sessions in the following months on this advice.
Ironically, Mrs C felt worse from the treatment and started to suffer severe headaches which was only heightened after a series of negligent conduct by both Chiropractors. From ignoring entry notes advising not to use specific devices on Mrs C, to failing to conduct a full review and proceeding with the usual treatment when Mrs C presented with new symptoms, the Defendants’ negligence left Mrs C with not only a constant headache, but also a tingling sensation to her face and bilateral arm symptoms. Mrs C’s health ultimately deteriorated to the point where she could no longer drive or carry out normal day-to-day tasks.
After (wrongly) being recommended an orthotic device following an X-Ray instead of an MRI and an onward referral to her GP or a Spinal Surgeon, Mrs C ended her treatment at the Clinic and took matters into her own hands by self-referring to a Specialist Spinal Consultant. Mrs C was subsequently diagnosed with bilateral radiculopathy and underwent anterior cervical depression surgery for this. Finally, with the correct treatment, Mrs C made a full recovery within a year.
What happened next
Mrs C approached us to pursue a claim on her behalf for the pain and suffering caused by the Defendants.
We instructed the relevant medical experts who established several breaches in Defendants’ actions, the first being that no full assessment was carried out during the initial assessment, only a physical examination, and that no reasonable Chiropractor would have commenced any form of treatment without such assessment.
In light of the fast-approaching limitation period, we issued Court proceedings against the Defendants on behalf of Mrs C with the primary case being that there was little clinical justification to warrant a programme of chiropractic treatment in the circumstances of this case. We made sure that we outlined every breach made by both Defendants and how this caused our client the subsequent harm.
We later prepared and served the Defendants with a Schedule of Loss, outlining not only the general damages that Mrs C was entitled to as a result of her injuries, but also the loss with regard to past care, travel expenses, and the Chiropractic fees that Mrs C was entitled to recover. Following extensive negotiation with the Defendants Solicitors, Martyn Prowel Gartsides were able to secure a settlement on behalf of Mrs C in the sum of £27,500.