The Clinical Negligence Team have recovered very substantial sums of compensation for clients in a number of medical negligence claims. Here are a selection of our most recent successful cases:
A client, represented by Simon Elliman recovered damages of £90,000 for a claim involving a missed diagnosis of a hip fracture. J, a young male client, suffered a fractured hip when he fell 12 feet from a bridge at the age of 13. The following day he was unable to weight-bear, and attended a local Minor Injuries Unit. No x-ray was performed, and he was discharged with painkillers. Four months later, an x-ray revealed a fracture of the hip, but further investigations showed that J had now developed avascular necrosis, a condition where the blood supply to the femoral head had failed, and eventually he required a total hip replacement at the age of 16. It was admitted by the NHS Trust involved that it was negligent to have failed to take an x-ray, but they denied initially that the extensive damage suffered by J was due to the delay in diagnosis. However, medical experts instructed on behalf of J prevailed, and the case settled out of Court.
Rebecca Callard was successful in obtaining £20,000 in compensation for our client who suffered a delay in diagnosis of his fractured wrist/hand. Our client attended A&E after injuring his hand and, after an x-ray was taken, he was discharged home and told that he had no bony injury. Our client continued to suffer from pain and swelling in his hand and attended A&E again two weeks later. At this point a further x-ray showed that he had in fact sustained two fractures in his hand which should have been diagnosed when he attended previously. As a result of this delay in diagnosis of the fractures our client required a more complex revision surgery and suffered ongoing restricted movement in his hand.
Rebecca Callard acted for a 62 year old man, who received £12,500 following the delay in diagnosing an ankle fracture.
Our client fell down stairs and attended the A&E department of his local hospital, complaining of ankle pain and difficulty walking. He was subsequently diagnosed with an ankle sprain and no x-ray was taken.
A couple of weeks later, our client re-attended hospital with ongoing ankle pain. An x-ray revealed that he had suffered a fracture to his medial malleolus and he was fitted with a plaster backslab. The delay in diagnosis meant that he was unable to have surgery to repair the fracture. The delay in treatment also meant that our client suffers from ongoing pain and discomfort, symptoms of progressive osteoarthritis and a risk of requiring future treatment.
Rebecca Callard acted for a 24 year old woman, who received £12,225 in damages for the failure to diagnose and treat a fracture and dislocation to the little finger of her left hand.
Our client attended A&E a few days after the injury when an x-ray showed a fracture of the finger but no treatment was provided. Our client attended an arranged fracture clinic appointment a few days later and was told that she had actually only sustained bruising rather than a fracture and once again no treatment was provided.
When our client’s finger did not get any better over the course of a couple of weeks, she attended A&E once again and was this time advised that she had in fact fractured and dislocated her finger. Our client needed an operation under general anaesthetic to repair her finger and now suffers from ongoing restrictive movement and discomfort due to the delay in diagnosis and treatment.
An out of court settlement was achieved in the sum of £12,225 to compensate our client for her pain and suffering.
Simon Elliman, the Head of the Clinical Negligence Team, won £40,000 for a young man who fractured a bone in his wrist (the scaphoid bone) in a fall outside a nightclub. He went to the casualty department of his local hospital but the diagnosis was missed, meaning that he subsequently needed much more extensive surgery.
Simon Elliman, the Head of the Clinical Negligence Team, won compensation of £22,500 for a boy who suffered a fracture of his big toe while playing football at school. The hospital failed to diagnose the fracture initially and then failed to realise that an infection had set in. Eventually he required four operations and suffers permanent damage to his toe.
The Clinical Negligence Team recovered compensation of £9,000 for a woman who fell from a horse and broke her femur (thigh bone). She went to the casualty department of her local hospital immediately but the fracture was not diagnosed. Eventually the fracture was diagnosed but the delay meant the outcome was significantly worse than if an operation could have taken place within 24 hours of the fall.