Damages recovered following a failure to treat a broken leg properly

01/06/2011

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 and accident & 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.