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Samantha Gardner

Solicitor, Clinical Negligence

Medical Negligence Dental Negligence Cancer Claims Surgical Errors Misdiagnosis Care Home Abuse GP negligence Hospital negligence

Expertise

Samantha handles a wide range of clinical negligence and dental negligence claims. She has a particular interest in birth injuries and stillbirths, delays in diagnosing cancer, development of pressure sores, surgical errors and cases involving a misdiagnosis.

Samantha, who is from Hull, graduated from Nottingham Trent University in 2007 after completing a year in practice at a local firm within their personal injury department dealing mainly with group action litigation. She attended the College of Law York (now the University of Law) to undertake her legal practice course.

Samantha initially worked at a local firm from 2007 within its personal injury department as a legal assistant and later in the clinical negligence department where she qualified as a solicitor in 2013. She joined Hudgell Solicitors in 2015.

My View

I am passionate about helping my clients and their families secure compensation where there have been failings in the care and treatment they have received.

I am approachable, friendly, open and honest and will always ensure that my clients are updated and supported at every stage of the process.

My work involves helping vulnerable clients, protected parties and families where a loved one has passed away as a result of negligence.

Significant Cases

I successfully settled a case pre-trial involving a claim for an alleged delay in diagnosing a grade 2 large frontal meningioma, which caused a loss of vision.

The client suffered a total loss of vision in his left eye with no perception to light and damage to his right optic nerve. In addition, he suffered a psychological impact. A number of supportive reports were obtained which claimed care, occupational therapy, psychological treatment, accommodation needs, in addition to a loss of earnings claim.

Life expectancy as a result of the tumour was argued at between 6-10 years. The defendant made very minimal admissions in terms of breach of duty and causation was denied.

The matter reached pre-trial stage and a joint settlement meeting was arranged at which a settlement was negotiated.

I also represented a family whose loved one died as a result of a delay in diagnosis of lung cancer.

Chest X-rays taken in 2016 showed an abnormality which should have been acted upon and the deceased should have been referred for a CT scan. If the deceased had undergone a CT scan of the thorax following the chest X-ray it is likely that the diagnosis of lung cancer would have been made earlier. He would then have been treated by way of surgical resection and he would, on the balance of probabilities, have been cured.

The deceased’s lung cancer went undiagnosed for a period of 15 months and as a result the tumour progressed from a stage which was potentially curable with surgery, to one which was on the balance of probabilities incurable.

Financial and service dependency claims were made on behalf of the deceased’s wife as part of the claim. Admissions were made by the defendant Trust and a six-figure settlement was obtained.

Career, qualifications and memberships

  • 2:1 (Hons) Law LLB Degree
  • Diploma in Professional Practice
  • Post Graduate Diploma in Professional Practice

"Excellent caring service - Sam Gardner has been helpful all steps of the way and has achieved a settlement which far exceeds our expectations."

Caroline Wilson, Client

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