Damages recovered following a delayed diagnosis of a knee injury

09/08/2011

This case study of C v Maidstone & Tunbridge Wells NHS Trust [2011] demonstrates the expertise of our Clinical Negligence team who recently recovered an undisclosed sum for a young patient who suffered extended pain and suffering as a result of a failure to diagnose a displaced sleeve avulsion fracture of his inferior patella pole.

C was 13 when he was admitted to the Kent & Sussex hospital in Tunbridge Wells having injured his left knee while undertaking sporting activities at school. An x-ray was taken which was thought to be normal and C was discharged with a tubigrip bandage, crutches and a referral for physiotherapy. Five days later, an x-ray report indicated a fragment of bone was visible and further investigation was recommended. Unfortunately, that was not acted upon or communication to C or his parents.

Two months later with little progress, a second opinion was sought and the injury was confirmed. C required surgery, although the independent expert we asked to report confirmed that C would have required that operation anyway. Surgery was performed with a successful outcome.

After obtaining a report from an orthopaedic surgeon, we sent a letter of claim to the hospital which accepted the failure to diagnose C’s injury resulting in prolonged pain and suffering.  Thereafter we negotiated a full value settlement for C but because of his age, it was necessary to commence legal proceedings because judicial approval of the settlement was required. The settlement included damages in respect of pain and suffering, additional treatment costs and a sum for C’s parents to reflect the addition time spent by them looking after C during his prolonged recovery.

Read more about our experience in cases involving orthopaedic and spinal injury, claims on behalf of children and A&E.

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.