Samantha Critchley recovered
£75,000 for Peter in an orthopaedic
negligence claim.
In January 2003, Peter fell on his left, non-dominant arm.
He attended the A&E Department of the hospital. A fracture of
the left humerus was diagnosed. The arm was immobilised in a
sling. Peter was discharged home for follow-up at the fracture
clinic.
Later, he was advised to undergo surgery for intramedullary
nailing of the fracture. Pre-operatively it was noted that his
radial nerve was normal.
During the surgery the surgeon used too much force and
inserted too big a nail which caused the fracture to extend.
In addition, the radial nerve was cut.
But for the mistakes, Peter would have recovered within about
twelve weeks. Instead, he had radial nerve palsy and required
further surgery (which involved nerve and tendon transfers). In
addition, his wrist was surgically fused and he remains in
permanent pain in his left elbow with reduction of range and
movement.
Samantha Critchley obtained medical
evidence from a consultant orthopaedic surgeon and a consultant
psychiatrist. We argued that Peter had lost any chance of a return
to work because of the negligence.
Proceedings were served in May 2006. The defence made some
admissions of liability but argued that Peter was
contributorily negligent.
The case was listed for trial in October 2007.
After negotiations, Samantha secured a settlement in
Peter’s favour for £75,000. Peter received all his
damages and the case was supported by Legal
Aid.
For further information or if you have a orthopaedic negligence claim please
call Samantha Critchley on
020 7861 4263 or email samantha.critchley@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.