What is the Egg-Shell Skull Rule in Personal Injury?
Posted on 5th May 2019
It’s a phrase that you probably won’t have heard in everyday life. However, it’s something that could affect you if you are ever the victim of any multitude of Personal Injury accidents, including an accident at work, a slip, trip or fall, or if you are the victim of medical negligence. Your Personal Injury Solicitors Preston will be able to advise you on whether you can make a claim, if you have suffered from any injury that was not your fault.
The ‘Egg-Shell Skull’ rule is a principle developed by the Court, which was notably used in the case of Owens v Liverpool Corp  1 KB 394, in which MacKinnon LJ held that “it is no answer to a claim for a fractured skull that its owner had an unusually fragile one”. Put in simple terms, a claimant must be taken as they are, and not treated differently because they have a pre-existing health condition.
Now, you might be thinking, how does think affect me? If you are involved in a medical negligence claim, as was the case of Reaney v University Hospital of North Staffordshire NHS Trust  EWHC 3016, you should be able to claim full compensation for any worsened condition that you suffer due to the wrongdoing of the defendant.
In Reaney, the claimant was a T7 paraplegic but, due to the breach of the duty of care owed by the Hospital to Mrs Reaney, she suffered from grade four pressure sores, which resulted in the amount of care she required going from seven hours per week to full-time care. This meant that Mrs Reaney could claim for the difference between the seven hours and full time, to fully compensate her for the defendant’s negligence.
There is an exception to the decision reached in Reaney, however, and if the damage caused by the negligence of the defendant changes the care required by the claimant, so that they now require a different type of care or assistance, then they may be able to claim for the full amount of their care costs, not just those additional to the original costs.
So, if you’ve been injured at the hands of a doctor or surgeon, contact your Personal Injury Solicitors Preston on 01772 783 314, who will be able to advise you on whether you have a claim, and what the process is for getting the ball-rolling. Our expert team have over a 99% success rate at settling Personal Injury compensation claims, and accept all instructions on a “No Win, No Fee” basis. You also keep up to 100% of your compensation!
So, give us a call, or email our team at email@example.com.
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