Clinical Negligence

Hay & Kilner are asked to investigate a number of claims which relate to substandard orthopaedic surgical treatment provided within the NHS and the private sector. We have settled a large number of claims, including those relating to substandard hip replacement surgery; and knee, ankle and wrist surgery. Complications arising out of substandard orthopaedic surgery include nerve damage, serious wound infection and amputation.

Here are some examples of our settled and current orthopaedic claims:

Failure to diagnose and treat an ankle fracture

Hay & Kilner settled a claim for £27,500 on behalf of a client who alleged that there was a failure to diagnose and treat an ankle fracture. As a result of the failure to diagnose the fracture it became displaced and this resulted in the development of osteoarthritis which would otherwise have been prevented. By reason of the failure to diagnose it was alleged that our client required a total ankle replacement.

Failure to diagnose a tibial fracture

Hay & Kilner recently settled a claim for £24,000 following a failure to appreciate that significant displacement of the tibial fracture had occurred, following a trip 4 weeks after initial surgery. It was successfully argued that the surgeon failed to diagnose displacement of the fracture despite this being apparent on the X-ray. Our client should have been offered immediate corrective surgery. However, the delay in diagnosis resulted in our client suffering a prolonged period of disability and a delay in healing of his fracture by 2 ½ years. He could also have avoided the need for more extensive corrective surgery and the fixation of an external frame.

Substandard care during surgery resulting in a leg amputation

Hay & Kilner are acting for a client who received allegedly substandard care during a tibial osteotomy, a surgical procedure to realign the leg. It was alleged that during surgery, an artery in the leg was damaged resulting in a loss of blood flow to the lower leg. Following surgery our client’s leg and foot became numb and cold due to the lack of blood circulation. It is alleged that there was a delay in identifying and treating this by his doctors and nursing staff. Our client underwent further surgery the following day to attempt to locate and repair the damaged artery and to restore blood circulation. Unfortunately this was unsuccessful due to the severe damage already suffered and he was required to undergo an above the knee amputation. It will be argued that had the initial surgery been carried out correctly, he would not have suffered a loss of blood flow to his lower leg. It is also alleged that had the loss of blood circulation had been correctly managed, our client could have undergone surgery to repair the artery at an earlier time and it would have been possible to save his leg.

For further information, please contact Clare Thompson on 0192 232 8345 or emailclare.thompson@hay-kilner.co.uk