Securing compensation after delayed treatment for a knee fracture

Daniel Bonner in our medical negligence team secured a £35,000 settlement for a client whose recovery from a serious knee injury was significantly compromised following delayed and inadequate treatment.

The challenge

Our client sustained a fracture to her left knee after a fall. She had some pre-existing osteoarthritis, but this was mild and had not caused significant problems before the injury.

She was initially assessed at the William Harvey Hospital in Ashford and knee fixation surgery was considered. However, her treatment plan changed and she was instead immobilised in a cast while awaiting a total knee replacement. The operation was later delayed and cancelled more than once before eventually taking place.

Following surgery, our client experienced a difficult recovery, including significant pain, swelling, restricted movement and a deep vein thrombosis. She was left with severe stiffness in the knee and ongoing functional limitations, affecting her independence and ability to carry out day-to-day activities.

Expert evidence supported the position that, had the fracture been treated promptly with internal fixation, she would probably have achieved a much better recovery with good movement and avoided the severe stiffness and complications she went on to experience.

How we helped

We took detailed instructions, obtained and reviewed the relevant medical records, and prepared a chronology of the treatment our client had received. We instructed a consultant orthopaedic surgeon to advise on liability, causation, condition and prognosis.

The defendant denied liability, so we continued to build the evidence in support of the claim. This included preparing a detailed letter of claim, a supplemental letter of claim, witness evidence and a schedule of loss setting out the impact of the injury on our client’s daily life.

When the claim could not be resolved without recourse to litigation, we issued court proceedings to progress the case and require the defendant to properly address the allegations. We also instructed Counsel to assist with the litigation strategy and pleadings.

The result

After proceedings were issued, the defendant made an initial offer of £30,000. We advised our client on her position and responded with a counter-offer of £45,000. The defendant then increased its offer, and the claim settled for £35,000 plus costs.

The settlement provided our client with compensation for the avoidable impact of the delayed and inadequate management of her knee injury, while avoiding the need for the case to proceed further through the court process.

Daniel Bonner in our medical negligence team specialises in supporting clients who have been injured as a result of substandard medical care. We are able to act on a no win, no fee basis in the majority of cases.

If you are concerned about the medical treatment you or a loved one has received, please get in touch with our team to find out how we can help.