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  • Overview

    Jonathan Herbert specialist clinical negligence lawyer acting for the claimant successfully obtained a settlement to compensate the claimant for his pain and suffering and financial losses.

    Mr J presented to A&E at Worthing Hospital late in the evening on 5 April complaining of a thumb injury. An examination and X-ray were performed in the early hours the following day. The notes mentioned a fracture of the thumb distal phalanx but considered to be an 'old' injury. The claimant was reassured, given analgesia and discharged on the basis there would be fracture clinic follow up. The x-ray was reported on 9 April. Mr J returned to A&E on 22 April complaining of continuing and worsening pain in his left thumb. Further x-rays were performed, which revealed a displaced fracture of the thumb distal phalanx. An urgent fracture clinic appointment was arranged. Mr J was reviewed in the fracture clinic on 24 April when the plan was to review him in the trauma meeting with a view to deciding whether surgery was required. On 25 April, the trauma meeting concluded that it was too late for any active surgical intervention and that Mr J needed to be informed that interphalangeal joint fusion was likely to be the best treatment option.

    It was alleged that it was negligent to fail to diagnose an acute fracture - subluxation of the distal phalanx of Mr J's left dominant thumb on 5 and/or 6 April and that it was negligent to fail to initiate immediate active treatment between 22 and 24 April whether on-site or by referral off-site to a specialist hand surgery centre.  It was Mr J’s case that had the fracture been appreciated, he would have been referred for suitable treatment of which a variety was available.  Mr J would not have made a full recovery from the presenting injury but if his injury had been managed properly he would have retained some mobility and therefore greater function than with the fusion ultimately performed.  He would probably have recovered 30-60% of the normal range of movement of the joint i.e. a partially functioning thumb (with minor discomfort on heavy use along with the usual sequelae of a fracture; ache and cold intolerance).  Mr J ended up with a fused thumb of his dominant hand.  The loss of full function impacts upon his ability to perform a variety of dextrous tasks including writing, which was important to his occupation.

    Jonathan Herbert specialises in orthopaedic cases.  If you would like to ask Jonathan a question about a potential case, or if you have a general query about any personal injury, contact him at Thomson Snell & Passmore solicitors on 01892 701226 in confidence.

  • 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.

Jonathan Herbert

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Jargon Buster