Negligent Management of Dog Bite

November 25th, 2011

*Jane* sustained a dog bite wound to her hand and wrist after trying to stop a Staffordshire bull terrier from attacking her own dog.  She attended A&E at her local hospital where an x-ray was taken to ensure there was no fracture or foreign body within the wound.  Jane was told that the x-ray showed no fracture or foreign body.

The wound was stitched closed in A&E and she was given antibiotics tablets before being allowed home.

Unfortunately, Jane began to feel unwell after sleeping through the night.  The following morning she had a fever and her arm felt very painful and heavy.  She also noticed there was an area of redness spreading out from underneath the dressing.  She went back to the A&E department at her local hospital.

A plastic surgeon examined her wrist and explained that the wound should have been left open for at least five days in order to prevent infection.  Jane was admitted to hospital immediately and given intravenous fluids and antibiotics.  She underwent a further 3 operations to thoroughly clean and debride the wound.  Jane now has extensive scarring and struggles to use her dominant hand without pain.

In August 2010, Jane approached Pryers Solicitors and investigations were begun by Richard Starkie, a Solicitor specialising in Clinical Negligence.  In October of the same year, having obtained copies of Jane’s medical records and x-rays, Richard wrote to the Hospital Trust setting out the allegations of negligence.  The Trust responded and denied any liability.

Richard then instructed an expert in accident and emergency medicine, who supported Jane’s case unreservedly.  The expert stated that the wound should not have been stitched in the A&E department.  The wound should only have been stitched closed once a plastic surgeon had performed a thorough cleaning and debridement of the wound.

A hand surgeon was then instructed in order to provide a view on the effect of the failure and how Jane’s wrist was at the time.  The expert stated that if the wound had not been stitched closed in the A&E department then the risk of developing a serious infection would have been less than half.  The hand plastic surgeon also stated that Jane’s injury and infection had caused considerable short term pain and disability, and pain, weakness and stiffness in the long term.

These points were put to the Defendant but it maintained its denial of liability so Court proceedings were issued and served on the Trust.

The Defendant then made an initial settlement offer of £7,500.  This was rejected and Richard entered into negotiations with the Defendant.  Jane’s case was settled for £20,000.

The case was funded by a conditional fee agreement and Jane kept all of her compensation, with nothing to pay towards legal costs.

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Fall in Hospital Results in Settlement of £11,000 for Client

May 20th, 2011

In April 2009 *Susan* attended her local hospital in the midlands for surgery to repair a hiatus hernia. The surgery itself was uneventful and she awoke from general anaesthetic as expected. Susan was then transferred to a ward, where she did not have any form of hand-over or orientation.

The following morning Susan was in a lot of pain and was prescribed morphine tablets. A short while after taking this Susan began to feel nauseous and had a sudden urge to use the toilet. Susan called for a nurse who told her to wait a minute before going away and not returning.

As Susan was desperate to use the toilet she got out of bed and walked across her room to the toilet. She made her way into the toilet cubicle before fainting. When she regained consciousness she was lying on the floor of the bathroom and had a considerable pain in her ankle.

A nurse then came into the bathroom and found Susan on the floor she was helped back to bed before being sent for an x-ray of her ankle. It was confirmed that Susan had fractured her ankle in a number of places and required surgery to fix the fracture, this was carried out the same day and Susan remained in hospital for a further ten days following surgery.

Susan remained non-weight bearing and in a wheelchair for a total of four weeks and in plaster until June 2009. Susan commenced physiotherapy in July 2009 but continues to have difficulties walking and to have pain in her ankle, especially in cold or damp weather.

In April 2009 Susan contacted Anna Renfree, a specialist clinical negligence solicitor at Pryers Solicitors. Investigations were made into her case and expert evidence was obtained from a care expert on Susan’s mobility difficulties and care needs.

Allegations of the Defendant’s breach of their duty of care were put to the Defendant and this was admitted. Further evidence was then obtained from a Consultant Orthopaedic Surgeon regarding Susan’s current condition and prognosis. This allowed for detailed valuation of the claim and negotiations to settle commenced.

An offer to settle the case for £12,000 was made by Susan, which was rejected, but after some negotiation Susan was happy to settle the case for £11,000 plus all of her legal costs so she kept 100% of her compensation.

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Client receives £12,000 for protruding surgical screw

February 18th, 2011

While playing netball in July 2009 Laura fell and fractured the left side of her ankle.

She attended her local hospital in the North West and was seen at A&E department, from where she was admitted into hospital.

Five days later Laura underwent surgery to repair the fracture and to fix the bone into place using surgical screws.

Following her surgery Laura made a good recovery in hospital and her plaster cast was removed ten days following surgery.

Laura was encouraged to try standing and walking but started to experience excruciating pains in her left foot. This prevented Laura from standing properly, walking any distance and working.

In mid August 2009 Laura returned to hospital and an x-ray was performed. This found that one of the screws holding the bone was 1cm too long and was protruding into the flesh of Laura’s foot. This was found to be the cause of her pain and difficulty.

Consequently, Laura had to undergo further surgery at the end of September 2009, the purpose of which was to remove the screw.

Following this operation Laura developed a wound infection which was treated by antibiotics.

Laura then started a course of physiotherapy which helped the pain to resolve and she regained mobility.

Laura contacted Pryers in September 2009 regarding her treatment and her claim was managed by Alex McKnight, a specialist in clinical negligence matters. He claim was funded by way of a ‘no win no fee’ agreement.

Our investigations included obtaining expert opinion from a Consultant Orthopaedic Surgeon. With this evidence in addition to our own research we were able to agree a settlement for Laura of of £12,000.

The Defendant also paid all of Laura’s legal costs so she had nothing to pay throughout the case or at the end. She kept 100% of her compensation.

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Large settlement for man after hip replacement surgery

April 15th, 2010

Surgery can lead to clinical negligence claimsHere at Pryers solicitors of York we are pleased to say we’ve settled a case for a man after replacement hip surgery. This clinical negligence case involved a hip replacement that went wrong on a man of 60 years.  As a result of the hip replacement, the surgeon caused the prosthesis to fracture the femur which allowed a pocket of infection to develop.  This caused the Claimant to require significant revision surgery and then for the full removal of the hip whilst the infection was cleared.  As a result of his injuries he was ill health retired from his long standing employment.  The matter proceeded against the individual’s surgeon because the treatment was private.  At the final hearing the Defendant fully conceded liability for clinical negligence and causation and the case settled with a payment reflecting his pain and suffering, his loss of earnings and also the need for him to move to single storey accommodation.  Interestingly, in this case the Defendant had offered £235,000 in settlement but at the final hearing the case settled without any evidence being given with the Defendant increasing up to £435,000 in settlement which was acceptable to the Claimant.

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£40,000 after wrong operation

April 8th, 2010

Surgery can lead to clinical negligence claimsPryers win settlement of £40,000 for medical negligence claim.  A lady suffered a year of pain and suffering after she was given the wrong operation to fix her elbow following a fracture. She suffered from prolonged pain and this impacted upon her work and ability to live a normal life for a period until she underwent revision surgery.

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