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A teaching assistant left in a wheelchair for life after being kicked in the back by a pupil is fighting for a payout from a doctor she claims failed to spot her injury.
Mother-of-six Kerry Shaw, 40, was crouched down in the classroom of a Grimsby primary school when she was booted from behind by the five-year-old in 2013, the High Court heard.
Accident - Injury - Damage - Pain - Need
The freak accident caused a back injury, leading to nerve damage which has left her seriously disabled, in constant pain and in need a wheelchair to get around.
Mrs Shaw sued out-of-hours GP, Dr Andrew Stead, claiming he was negligent in not referring her for further tests when he saw her two days after the accident.
Pain - Accident - Afterwards - Bambi - High
She was in severe pain when the accident first happened and became so weak afterwards that she felt 'like Bambi', the High Court heard.
And now a High Court judge has found that the doctor missed the 'red flag' symptoms of her condition, meaning she could be in line for substantial compensation.
'She - Flag - Symptoms - Time - Consultation
'She did have red flag symptoms at the time of the consultation. Necessarily that means that he missed them,' said Mrs Justice Yip.
'The red flags were there to be found, but were unfortunately missed.
Occasion - Standard - Care - GP
'On this occasion, his standard of care fell below that to be properly expected of a reasonable GP.'
Earlier, the court heard that Mrs Shaw was working at Humberston Church of England Primary School when the accident occurred.
'She - Floor - School - Something - Back
'She was squatting down on the floor at the school to pick something up when she was kicked in the back by a five-year-old pupil,' said barrister, Grahame Aldous QC.
'As a result of the blow, she was in considerable pain for the rest of the day.
Day - May - Pain
'On the next day, 24 May 2013, she was still in pain, but went to work.
'She was, however, unable to...
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