This is an application for the committal of D for contempt of court… [1]
The allegation is that D advanced a false and dishonest claim for compensation arising out of clinical negligence in relation to a coronary artery bypass procedure performed in October 2014. D alleged that he had suffered a nerve injury to the right arm as a result of harvesting of the right radial artery to use as a graft in the bypass procedure. The C contends that D made false statements regarding the nature and extent of the loss of function of his right arm and/or falsely represented that the symptoms he experienced were caused by the index surgery when such loss of function as he actually suffered from predated the surgery or were otherwise unrelated to it. [2]
It is alleged that, in the course of bringing his dishonest claim D made numerous false statements in documents verified by statements of truth and false statements to medico-legal experts instructed by both parties for the purposes of his clinical negligence claim, when he knew those statements to be false and/or he consciously and dishonestly exaggerated his symptoms with the intention of recovering compensation to which he knew he was not entitled. [3]
D is guilty of contempt of court. [77]
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