Samantha Sims obtained £225,000 for the Claimant who suffered a delay in diagnosis and treatment of a hand injury.

The Claimant attended hospital in 2021 with injury to his dominant right hand. By reason of a 1 month delay in the diagnosis and treatment of fractures to the bones of his right hand, which was admitted by the Defendant Trust, the Claimant has i) residual right-hand weakness ii) a bony protuberance on the dorsal aspect of his left hand iii) increased risk of arthritis requiring fusion surgery.

The Impact on the Claimant’s Work and Daily Life

The Claimant has a young family. He is impaired in his ability to work as a blacksmith due to suffering with a dull ache to the top of his hand. He wears a support on his right hand. He cannot work using tools for any long period. He struggles to hold certain objects. Handshakes are painful. He has taken a more sedentary role. The Claimant is not fit for work as a blacksmith, only management of his business. It was alleged that he has therefore a) lost his own labour as a blacksmith for which he has had to employ additional labour and b) been disadvantaged on the open labour market in the event he had to seek alternative work. But for the delay in detecting and treating his injuries, the Claimant would have been fit for all but the most strenuous tasks and the work of a blacksmith.

Admission of Liability

A Letter of Claim was sent to the Trust and breach of duty together with some causation was admitted in the Letter of Response.

How Earlier Treatment Could Have Improved the Outcome

In relation to causation, it was alleged that detection of the injury on or shortly after the initial attendance and X-ray would have resulted in referral to the fracture clinic within a few days, on the balance of probabilities. The treatment would have been operative by open reduction and internal fixation via a dorsal incision. The window of opportunity for treatment is approximately 14 days from injury, although a reduction of the dislocations can usually be achieved, albeit with more difficulty, at up to 3 weeks from injury. In our Consultant Hand Surgeon’s opinion, a much better alignment would have been achieved by early operative treatment than would be possible by surgery after healing of the injury in a displaced position. He is also now more symptomatic at the site of injury, on the balance of probabilities, and at greater risk of long-term symptomatic arthritis than he would have been had the injury been treated promptly.

The Defendant’s Position

It was admitted that the Claimant would have had a better outcome had he been diagnosed and treated earlier. However, the Defendant argued that even with the best surgical treatment, later arthritis could not have been avoided. On the balance of probabilities, their position was that even if the Claimant had received a timely diagnosis and treatment, it is unlikely that he would have regained the same level of strength and functionality in his left hand that he had before the accident in question. Any shortfall however would not have been significant.

The Outcome: £225,000 Settlement

Proceedings were issued and served due to the failure to agree on causation and long-term issues. The case was settled early into Court proceedings for £225,000 which related to pain and suffering, loss of congenial employment, Smith v Manchester, past and future loss of earnings and future treatment.

If you have experienced complications or long-term difficulties because of a delay in diagnosing or treating an injury, our specialist Clinical Negligence team can help. We understand the impact medical negligence can have on your health, livelihood and everyday life, and can provide clear, practical advice about your options.

Contact Taylor Emmet’s Clinical Negligence team today to discuss your circumstances and find out how we can help.