Waldrons settle claim for delayed diagnosis and treatment of fracture

Tuesday 12th March 2019

In this case, Adam Smith acted on behalf of KF in connection with a claim for the delayed diagnosis and treatment of a fracture, against the Worcestershire Acute Hospitals NHS Trust.

KF had an accident while playing with her family dog, which bit her right little finger causing it to bleed quite heavily. KF attended Worcester Royal Hospital’s A&E Department for treatment. She was seen for approximately 30 minutes; her finger was bandaged and she was discharged home.

Three weeks later, during a GP appointment, KF’s GP noted that her finger was not healing correctly and that she would need an x-ray. When she had the x-ray, she was found to have a fractured finger with torn ligaments and tendons that required surgery.

KF had the operation to stabilise the fracture. Unfortunately, the operation was not done correctly and KF had to have her finger re-operated on. KF’s finger still didn’t heal correctly. This led to her suffering with pain and being unable to properly carry out her work as a carer. KF also developed anxiety and depression due to her poor condition.

KF instructed Waldrons to investigate a claim for clinical negligence. We requested KF’s medical records and obtained expert evidence which said that an x-ray should have been requested on her first attendance at A&E, which would have led to treatment on the same day, or on the following day at the latest. It was said that her condition would have been better with earlier treatment. It was also confirmed that there was some persistent nerve damage and that FK was suffering from PTSD and depression due to her condition.

We wrote to the Trust, which denied any wrongdoing in the treatment provided to KF.

We started Court proceedings and drafted a ‘Schedule of Loss’, setting out the likely value of the claim. We sent this to the Trust with a view to try and settle the claim at an early stage. After negotiating with the Trust, settlement was reached for the sum of £20,000, despite them having denied any wrongdoing.

KF was very pleased with her settlement and commented that “I was very happy with Adam Smith he was brilliant at helping me with this case”.

If you’ve been affected by a delay in the diagnosis of your injury, contact one of our Specialist Clinical Negligence Solicitors for a free, no obligation discussion on 01384 811811, or click here for a call back.