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  • Overview

    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.

  • 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.


    An unfortunate but not uncommon side effect of relationship breakdown is that issues can arise regarding the arrangements for the care of children. We always have the best interests of the children in mind and will provide you with sensible and practical advice about what can be the most emotive of issues.

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