Ashtons Legal helps Essex man who requires round the clock care to obtain compensation from his GPs and the NHS

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Tom Cook, a clinical negligence partner at Ashtons Legal, has today obtained court approval for a settlement for his client Martin Stoker from Hainault, Essex which is expected to be worth over £5m in total during Mr Stoker’s lifetime.  The compensation package will enable him to be cared for appropriately for the rest of his life.

In spite of having cerebral palsy, Martin was living a largely independent life until 2005.  As a result of the failure of both his local GPs and the King George Hospital in Ilford to identify, and treat promptly, his symptoms of compression, he now faces the rest of his life in a wheelchair and requires full nursing care.

Tom Cook explains: “Martin was taken to see his local GP for the first time in late January 2005.  He had been suffering from neck and back pain for around two months and by the time he went to the doctor he was weak and unable to walk without help.  There followed a sequence of delays in diagnosis and treatment which meant that Martin eventually underwent surgery to alleviate the pressure that had built up on his spine in late March and again in early April.  Our allegations were that appropriate timely referrals by Martin’s local doctors, followed by prompt hospital treatment, would have resulted in surgery taking place in mid February.  Had this happened, it is believed that Martin would now be able to walk with a frame, and to live independently with a limited amount of help.  Even if surgery had taken place as late as early March, experts believe Martin would now be able to eat and drink without assistance and to power himself in his wheelchair.

We obtained interim payments in 2011/12 which will enable Martin to move into his own home which is being suitably adapted, with a team of carers to help him, as opposed to remaining in a long-term rehabilitation centre funded by his Local Authority and the NHS.  Whilst money will never fully compensate for the quality of life that he has lost as a result of the delayed diagnosis and treatment, today’s settlement will help him to live as fulfilling and independent a life as is possible given the severity of his injuries.”


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