Dowse Cases

 Benjamin; the perils of the premature medical examination

Benjamin was driving his own car when it was struck, almost head on, by another vehicle, whose driver was uninsured, high on narcotics and attempting to evade police.  The other driver was killed in the collision.  Benjamin had to be cut out of his car. 

He suffered shoulder and neck injuries and was initially in a neck brace in hospital.  His motor insurers sold his case to their “panel solicitors” who sent him straightaway for a medical examination.  The doctor was a GP and his prognosis was that Benjamin would be over his problems in about six months (a standard prognosis given by doctors who examine patients without the benefit of reading the medical records).  Benjamin was sceptical about this and consulted us.  It seemed plain to us that he would not be over these problems so quickly and that the doctor’s prognosis was over optimistic.

In the event, we needed to refer Benjamin for orthopaedic and psychiatric examination.  Physically, Benjamin had suffered a shoulder injury which conflicted with his work and his pursuit or martial arts.  Psychologically, he had suffered panic attacks, loss of libido and travel anxiety.  The doctors we appointed took a more cautious view of Benjamin’s recovery and we negotiated compensation on the basis of their reports.  He recovered £17,000 for his injuries and loss of income and our costs were paid in full. Had he relied on the earlier medical report he would have recovered about 20% of that figure.

 We acted for Benjamin under a “conditional fee agreement” (more commonly known as “no win – no fee”).  No win – no fee as it now works will no longer exist after April of next year because of proposals which this government intends to force through to the detriment of accident victims like Benjamin.