Case Study Mr AXC (Widower & Executor of the Estate of Mrs RXC, Deceased) v Dr Sudha A Shah
Price Slater Gawne’s South East of England based Consultant Solicitor Peter Flory secures £275,000 for the Estate and the Dependant’s of the later Mrs RXC.
At a Round Table Meeting (An RTM is a form of Alternative Dispute Resolution (ADR)) on 5th June 2015, Peter Flory was able to secure an agreed compensation settlement of £275,000 with the legal team for Dr Sudha Shah who were acting on behalf of her professional indemnity body the Medical Defence Union (MDU).
Peter Flory was instructed in late 2012 in respect of the death of Mrs RXC in October 2010 which her family and dependants alleged was caused by the negligent failure of Mrs RXC GP to monitor her liver function and refer her on for tertiary level assessment and treatment at an appropriate hepatology unit. The deceased’s family had already pursued the matter of the professional conduct of the GP through the General Medical Council.
Peter obtained expert evidence from an expert in general practice dealing with the standard of care and from an expert in hepatology on both causation and condition and prognosis. Both were supportive of a claim in negligence.
Proceedings were advanced under the Law Reform (Miscellaneous Provisions) Act 1934 on behalf of Mrs RXC’s estate and under the Fatal Accidents Act 1976 (as amended) on behalf of the dependants.
The claims were stoutly resisted by the MDU and the matter was set down for trial to be heard in November 2015.
All of the procedural steps were complied with and Peter was able to arrange a round table meeting with the Defendant’s representatives in June 2015.
The claim on behalf of the Dependant’s was complicated by the fact that Mrs RXC was a self employed jewellery shop owner and was the main source of income for many dependant members of her family. Mrs RXC had died in her 60s but it was alleged would, if she had survived, she would have remained remunerative into her late 60s and perhaps beyond.
The future loss of financial services claim was advanced on the basis of the case law of Welsh Ambulance Services NHS Trust v Williams (EWCA 2008) and successfully concluded through careful negotiation for the global, fully inclusive sum of compensation of £275,000 which included a small claim for an infant dependant of Mrs RXC who resided abroad.
The dependant infant’s element of the settlement was approved by the High Court under Part 21 of the Civil Procedure Rules on 6th July 2015 and the sums for the infant invested in the Court Funds Account until the infant reached the age of Majority.