MRI SCREENING MACHINE FAILURE - A Case Study
Posted on 7th June 2023 at 14:42
Personal Injury Lawyer David Cartwright secured a financial settlement, on behalf of a lady, who suffered an injury after undergoing an MRI scan.
Client underwent an MRI scan in 2019. Minutes later when she was getting changed she noticed a reddening of her face, neck and chest area.
The burning sensation and reddening of her skin had cleared up within a week, but the client was left with a psychological reaction in which she feared she might have been harmed by the radiography of the machine. She had a number of months off work, although her employer still paid her for the time she had off.
The client approached us 2 ½ years after the incident had occurred. By that time she had already given instructions to 2 other firms of solicitors who had investigated the matter on her behalf, but had told her that there was nothing which they could do for her.
Our initial reaction to the proposed claim was to apply the common law doctrine of Res Isa Loquitur. This is a legal principle which applies to an accident or injury in the absence of any obvious negligence. The client should not have been injured, but was. We did not know why the machine caused the injury but clearly it must have done and must, therefore, have been faulty. The Trust being the owner and user of the machine would, therefore, be the responsible party.
On this basis, we put the Trust on notice that we would litigate a claim against them unless they accepted liability. The representatives, on behalf of the Trust told us that they would investigate the matter. We asked for maintenance records and inspection records in relation to the MRI scanner and demanded immediate disclosure.
The representatives prevaricated.
The principle of limitation then came into play. As with any personal injury claim, court proceedings have to be issued within 3 years of the date of the alleged negligence, otherwise the claim will be out of time and statute barred. As a consequence of the procrastinating approach of the client’s two former solicitors we had only 6 months before limitation to start court proceedings. Even though liability was not admitted and the Trust had provided no documentation which would support the client’s case, we issued court proceedings and then served the papers on the Trust’s solicitors.
At this time, probably because the Trust’s solicitors then realised that we were serious about taking the matter to a Judge in Court they put forward settlement proposals which were to cover the Claimant’s physical and psychological injuries suffered as a result of the MRI scan. Whilst the offer was reasonable and realistic we were able to negotiate with them and reach a final settlement on an improved figure which our client was more than happy to accept.
We also acted on behalf of our client, under a No Win No Fee Scheme so that throughout the matter our client never had any financial concerns in relation to the claim.
If you feel you may need to make a personal injury or medical negligence claim, or to speak to a member of the medical negligence team for advice, please call us on 0113 2007480 or fill in our contact form and one of the team will call you back.
• Review your situation to see if you have a claim
• Determine if your case is suitable for a No Win No Fee agreement
• Determine the next steps to be taken
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