Clinical Negligence

Delay in diagnosis and treatment of dislocated finger

Our client, Mr W attended Maidstone Hospital in October 2016, having fallen from his moped. He was diagnosed and treated for a fracture of the right fourth finger; however, his dislocated fifth finger went undiagnosed until almost a month later. His treatment and recovery were therefore more complicated as a result and he sustained additional scarring. Damages of £6,500 were recovered for the pain and suffering and financial losses sustained as a result of the delay in diagnosis and treatment.

Mr W fell from his moped in October 2016. He attended A&E at Maidstone Hospital, where he was diagnosed with a fractured fourth finger. He was placed in a backslab and an appointment was made to see the fracture clinic.

Mr W attended Medway Hospital fracture clinic almost a month later. His cast was removed and, on reviewing his x-rays taken at Maidstone Hospital, he was informed that he had also sustained a dislocation of the fifth finger.

Mr W was advised to undergo surgery. The dislocation was put back into place with K-wires. However; two weeks after the procedure, Mr W showed evidence of an infection around the wires and x-rays revealed he still had a dislocated finger. The wires were therefore removed and Mr W was prescribed antibiotics. He received re-do surgery a month later and thereby sustained additional scarring and a delayed recovery. This impacted upon his earnings.

Mr W instructed Jenny Waight, who specialises in clinical negligence matters. Jenny obtained Mr W medical records and contacted the Trust to invite them to make an early admission of liability, on the basis of their own investigation into the failures in Mr W’s care. Unfortunately a response was not forthcoming and, despite attempts made to settle the claim pre-issue of proceedings, proceedings were issued and the matter settled shortly after, for £6,500.

Jenny Waight specialises in orthopaedic cases. If you would like to ask Jenny a question about a potential case, or if you have a general query about any clinical negligence claim, contact Jenny on 01892 701374 in confidence.

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