Substantial compensation for delay in treating serious elbow injury

Penningtons Manches’ specialist clinical negligence solicitors have secured substantial compensation from Barking, Havering and Redbridge University Hospitals NHS Trust for a client who suffered nerve damage following a delay in adequately treating a dislocated elbow.

The claimant suffered an open dislocation of her elbow during a fall. The elbow was relocated and put in a plaster cast but there was then a seven month delay in arranging a referral to a consultant orthopaedic surgeon who specialised in nerve damage. This referral should have been arranged shortly after the injury so that our client could have surgery to repair the open dislocation.

The delay in operating led to nerve damage, which restricted the movement and feeling in our client’s hand and fingers, which had a negative impact on her work and home life. She argued that the delay in arranging a referral constituted negligence and instructed us in June 2013 to investigate her claim.

Barking, Havering and Redbridge University Hospitals NHS Trust admitted liability, accepting that the delay in referring the claimant to a nerve specialist constituted negligence and  resulted in increased nerve damage and the possible requirement for tendon transfer surgery.

We instructed an independent orthopaedic surgeon to produce a report on condition and prognosis and, on the basis of the defendant trust’s admission and the supportive condition and prognosis report, the claim has now settled for a significant sum which will help our client to get her life back on track.

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