Claimant awarded £8,000 in orthopaedic negligence claim

Clare Thompson, Partner and Head of our Clinical Negligence Team at Hay & Kilner, acted on behalf of a client who suffered a finger injury whilst playing rugby in October 2019. The Claimant was awarded compensation in the sum of £8,000.00 in August 2022.

Clare was instructed by the Claimant to investigate a potential clinical negligence claim following an injury to their distal joint of the right index finger. Corrective surgery was performed, and a splint was applied. Clare's client continued to experience severe and disproportionate pain in their finger, and they were subsequently informed that improvement was unlikely. Expert evidence was obtained from a Consultant Hand Surgeon.

A detailed Letter of Claim was served on the Defendant alleging that the type of surgery performed was not appropriate and, on the balance of probabilities, alternative methods of treatment (including conservative management of the fracture) would have resulted in a better outcome.

Following receipt of the detailed allegations, the Defendant denied liability and argued that the decision to proceed to surgery did not represent a breach of duty, nor was the type of surgery performed negligent. The Defendant apologised for the injuries suffered by the claimant.

The Defendant maintained its denial of liability following a challenge by the Claimant but made a Part 36 Offer to settle the claim. Following further negotiations, a settlement was agreed in May 2022 and the claim settled for £8,000 plus costs.

The Claimant was pleased with this result and was thankful for Clare’s expertise and support throughout their claim.

If you know anybody who has suffered in a similar way, or you believe you have a potential claim, please do not hesitate to get in touch with Clare on 0191 232 8345.