In 1995, Gail was diagnosed as suffering from epicondylitis
(commonly described as tennis elbow). Hydrocortisone
injections provided temporary relief for Gail but when the
symptoms recurred, she was placed on the waiting list for surgical
release of the tendon in her right elbow.
Gail underwent surgery at Mount Vernon
Hospital on 14 April 1997 as a day case. Immediately
post-operatively, Gail was in extreme discomfort and had to be
prescribed morphine for pain relief.
A re-exploration of the area was performed on 16
April 1997 where it was discovered a stitch had encircled the ulnar
nerve.
Gail's pain eased significantly after the surgery
although she continued to experience pain. She also was left
with reduced feeling in the ring and little fingers of her right
hand together with weakness of grip.
Gail has continued to experience these symptoms
together with wasting of the intrinsic muscle particularly in cold
weather. She found that her disability significantly affected
her work as an estate agent and her ability to drive.
Gail made a complaint to the hospital which
admitted that a mishap with the ulnar nerve had occurred.
Attempts to negotiate a settlement however were
unsuccessful and proceedings were issued on 15 October
1999.
The hospital admitted breach of duty but said the
claimant was exaggerating her symptoms and later served video
evidence in support. Our medical expert felt that the video
cast doubt on the extent of the claimant’s disability.
We acted on behalf of Gail and the case was
conducted on a no win
no fee basis and was settled for £39,000 plus
costs.
For further information or if you have
an orthopaedic negligence
claim please call Paul
McNeil on 020 7861 4019 or
email paul.mcneil@ffw.com.
You can discuss your orthopaedic negligence claim with any
member of our medical negligence
team on freephone 0800 358 3848, email
personalinjury@ffw.com
or complete our short enquiry form.