A German patient who broke his neck in a mental hospital will continue his 14-year legal battle against the hospital after a court decision in his favour.Thomas Hofer, 47, was rendered quadriplegic by the accident at St Brendan’s now renamed the Mid-Atlantic Wellness Institute in February 1994. He could be in line for a multi-million dollar payout if he wins his case against the Bermuda Hospitals Board (BHB), which will go to trial at the Supreme Court later this year.Mr Hofer, a former chef, allegedly fell off a bed and hit his chin on the floor while being treated at St Brendan’s for a paranoid psychiatric condition.According to court papers filed by his lawyer Larry Mussenden, he was not diagnosed with a broken neck until the day afterwards.Mr Hofer was flown home to his native Bavaria in April 1994 and is now in the care of the German state.He first issued proceedings against BHB for negligence and damages in February 1997. The claim included costs for ongoing care and was expected to exceed $5 million.However, the BHB applied for the case to be dismissed in 2008.They said they had repeatedly written to Michael Scott, who was Mr Hofer’s lawyer from 2006 to 2007, but never received a reply.Supreme Court Judge Geoffrey Bell upheld the application to throw the case out, saying the delay in issuing proceedings was “unquestionably both inordinate and excessive”, and “inexcusable”.Mr Hofer engaged the services of a new lawyer, Mr Mussenden, who persuaded the Court of Appeal last March to reverse Mr Justice Bell’s decision.The appeals judges said the BHB failed to establish that a fair trial could not be held or that it suffered serious prejudice through the delay.The BHB asked Bermuda’s highest court of appeal, the Privy Council in London, for leave to appeal that outcome. However, the Privy Council refused the application last month.Now, according to Mr Mussenden: “The effect is that the matter will now proceed to trial in the Supreme Court in Bermuda.”Mr Mussenden said the trial could take months to get underway but commented: “We’re absolutely pleased that the Privy Council sided with us in refusing the BHB leave to appeal the matter. We’re now proceeding towards a trial, and happy that Mr Hofer, who was seriously injured in the care of BHB, will have his day in court.”