It was alleged that Lewisham and Greenwich NHS Trust were negligent in failing to diagnose a vertebral fracture following a fall of approximately 15 feet from a ladder.

The 53 year old gentleman was discharged the same day despite it being admitted that it being later admitted that spinal fracture was visible on the scans taken at hospital. It was alleged that the fracture subsequently deteriorated and that upon return to hospital, approximately 3 weeks later, the risks of any surgery were increased.

It was expected that there would be ongoing pain, restricted mobility and increased care needs as a result of the delay. The value of the claim was disputed, but settlement was eventually agreed for approximately £136,000 less repayments due to the Department for Work and Pensions.