£28,000 settlement secured for surgery related nerve injury

Jenny Hawkes in the Clinical Negligence team at Thomson Snell & Passmore secured a £28,000 settlement for a client who suffered a nerve injury following surgery to repair a fractured shoulder carried out by East Kent Hospitals University NHS Foundation Trust.

Our client fractured his left (non-dominant) humerus after falling from his mountain bike. He attended hospital where the fracture was diagnosed and was initially treated with a brace. He subsequently underwent surgery to repair the fracture. During surgery, the surgeon inadvertently damaged a nerve. He was subsequently referred to a specialist peripheral nerve injury unit.

As a result of the injury, our client experienced a dropped wrist, reduced grip strength and difficulty lifting heavy objects. These symptoms had a significant impact on his daily activities and ability to carry out normal tasks.

Our client instructed Thomson Snell & Passmore to investigate whether the injury could have been avoided. Medical records were obtained and reviewed, and expert evidence was commissioned from an independent consultant orthopaedic surgeon. The expert concluded that the nerve injury had occurred during the surgery and was the result of a failure to properly identify and protect the nerve during the procedure. Further clarification was obtained through additional expert evidence and an addendum report.

As the claim progressed, further medical evidence was obtained regarding our client’s condition and prognosis. Fortunately, he made a substantial recovery over time, although he had endured a prolonged period of disability and uncertainty following the surgery. A conference was held with counsel, the expert and our client to finalise the allegations and assess the value of the claim.

A formal Letter of Claim was served on East Kent Hospitals University NHS Foundation Trust. Thomson Snell & Passmore subsequently made a Part 36 settlement offer of £28,000, supported by medical evidence and a Schedule of Loss.

The Trust took many months to provide its formal response. When it eventually responded, partial admissions of liability were made. Following further negotiations, the claim settled for £28,000, bringing the matter to a conclusion without the need for court proceedings.

The Clinical Negligence team at Thomson Snell & Passmore has extensive experience helping people who have suffered avoidable injuries as a result of substandard medical treatment. We understand the physical, emotional and financial impact that medical negligence can have on individuals and their families and work hard to secure answers, accountability and compensation for our clients.

If you would like to discuss a potential claim, or have a general query about a personal injury or clinical negligence matter, please contact Jenny at Thomson Snell & Passmore in confidence. We offer no win no fee agreements on the vast majority of our clinical negligence and personal injury claims.