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Tenacious Doctor Wins £425,000 for Workplace Neck Injury
Obtaining compensation for workplace accidents requires tenacity, but an experienced lawyer will help you through the process. In one case, an NHS doctor who injured her neck whilst lifting a patient had to overcome concerted attempts to prove that she had deliberately exaggerated her disabilities in order to secure £425,000 in damages.
The woman had suffered a prolapsed disc whilst hoisting a patient onto an operating table. Despite surgery, constant pain and restricted movement had persisted and she had to take medical retirement. She sued the NHS trust that employed her but was met by accusations – based on Facebook posts and covertly shot surveillance footage – that she was not as seriously disabled as she claimed to be.
Following a trial, the High Court found that she was a reasonably honest and decent person who had made no conscious attempt to mislead either the court or doctors who examined her. She was not the sort of person who would have given up the career she loved in order to pursue an inflated compensation claim. Her compensation settlement included £37,500 for her pain, suffering and loss of amenity, £10,000 for the loss of her congenial employment and almost £200,000 for past and future lost earnings.
It is not uncommon for a defendant to contend that symptoms of illness or injury are being exaggerated by the claimant. Expert legal advice and evidence are necessary to ensure a full settlement is obtained.