Case report: patient burnt whilst under spinal anaesthetic

Settlement: £13,000

The Claimant underwent caesarean section on 15th March 2010. Spinal anaesthesia was used. While recovering, a nurse placed a tray with a metal teapot on it on the Claimant’s lap. As the Claimant was still anaesthetised from the waist down she was not aware that the teapot was too hot until it had burnt her lap, leaving a large and very unsightly scar.

In order to avoid incurring unnecessary costs in a straightforward claim we wrote to the Defendant hospital on 19th July 2010 seeking an early admission of breach of duty, so that the claim could then simply be quantified. The Defendants agreed to this. We therefore obtained a condition and prognosis report from Mr Timothy Millward, who confirmed that the Claimant had a dark C shaped scar measuring approximately 8cm x 2cm, which the expert rated as conspicuous due to its bizarre shape and dark colour. There were no real prospects for revision. Details of special damages were collated, which included the cancellation of a beach holiday. The Letter of Claim was served on 21st February 2011, together with the condition and prognosis report of Mr Millward and a Schedule of Loss. The Defendants reverted with an offer in the sum of £5,000 on 22nd March 2011, which was rejected and a counter offer in the sum of £15,000 put forward. The matter was finally settled in the sum of £13,000 on 24th May 2011.