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  • Overview

    This case study demonstrates the expertise of our Clinical Negligence team who recently recovered £275,000 for a patient who suffered permanent injury as a result of a negligently performed intra-medullary nailing of the right tibia.

    The case of D v East Kent Hospitals NHS Trust [2010] also involved a succession of negligent failures to prevent additional knee injury.

    Mr D was aged 53 when he was admitted to hospital suffering from fractures to the lower third of his right tibia and to the upper third of his right fibula. He was advised that surgery was required, interlocking intra-medullary nailing of his right tibia. Unfortunately, this was an inappropriate procedure given his livelihood as a plumber given the known complication of knee pain occurring in approximately 60% of patients. The operation was not carried out to a satisfactory standard. Three months later, locking screws were removed inappropriately and this caused the fracture to collapse which lead to the shortening of the claimant's leg and to the nail protruding into the knee joint causing a new injury. Thereafter, an unnecessary arthroscopy was performed which was followed by a nail replacement and osteotomy. The new nail also protruded into the claimant's nail joint worsening the injury.  The claimant himself commented that x-rays confirmed the nail was protruding into his knee joint but this was rejected by the clinicians. The claimant will now need a knee replacement because of the damage caused.

    After obtaining a report from an orthopaedic surgeon, we sent a letter of claim to the hospital which disputed liability. It became necessary to commence legal proceedings. The defendant also argued that the claimant had a pre-existing knee injury, inferring that this was a likely cause of his loss of mobility. After embarking upon litigation, the case settled for £275,000 which included damages in respect of the claimant's injuries, past and future loss of earnings, past and future care needs.

    Mr D was happy with his settlement because it provided financial security against his employment difficulties due to his inability to carry out all normal plumbing activities.

    Read more about our experience in cases involving orthopaedic & spinal injury andaccident & emergency.

    Jonathan Herbert has significant experience of dealing with orthopaedic cases. If you would like to ask Jonathan a question about a potential case involving an orthopaedic injury or you have a general query about medical negligence contact him on 01892 701226 in confidence.

    We have one of the largest and most experienced specialist medical negligence teams in Southern England including London. Our team of highly experienced lawyers has the depth and range of expertise essential in this sensitive and often complex area of law. Our clinical negligence team is very proud to be ranked Number 1 in both the Legal 500 and Chambers and Partners UK.

  • Related Services

    Clinical Negligence Compensation Claims

    We have one of the most well-established and experienced clinical negligence teams in the country. Our clinical negligence lawyers have a reputation for winning complex medical negligence cases and we have helped thousands of people claim compensation.   

    Orthopaedic & spinal injury claims

    Orthopaedic and spinal injury claims are complex. We have a long history of dealing with compensation claims resulting from medical negligence during spinal surgery or other orthopaedic treatment. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

    Accident & emergency claims

    Our clinical negligence team has long experience in dealing with compensation claims arising from negligence or errors made by the Accident and Emergency (A&E) department. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

    Surgery compensation claims

    If you have suffered as a result of negligence during surgery, you may be entitled to make a compensation claim. We have a long history of success in claiming compensation for claims involving surgical errors. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

    Claims for general medical problems

    Clinical negligence claims are often highly complex. If you have suffered as a result of negligence at a hospital or GP surgery, our specialist clinical negligence solicitors will investigate your medical negligence claim thoroughly and independently. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

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Jargon Buster