Settlement for Delay in Wrist Fracture Treatment

Nicholas Leahy

Our Clinical Negligence team have recently agreed the settlement of a case relating to a delay in the treatment of a complex wrist fracture which our client suffered on 28 August 2021.

Background

Our client, SI, attended Peterborough City Hospital, which is managed by North West Anglia NHS Foundation Trust, in the early hours of 29 August 2021, following a fall onto her right wrist late the previous evening whilst dancing with her husband at her son’s 12^th birthday party. She underwent an x-ray in A&E which confirmed that she had suffered a fracture of the right distal radius with minor posterior angulation of the distal fracture fragment. There was also an associated fracture of the ulnar styloid. A backslab was duly applied and our client was then discharged home with codeine phosphate and told to keep her hand elevated. She was informed that she would be followed up in the fracture clinic.

No such referral to the fracture clinic was made and our client was not notified of any appointment with the fracture clinic, as had been the intended plan. She continued to wear the backslab which had been placed on her wrist. Over the next few weeks, our client did try to make an appointment with her GP however she was unable to get an appointment. The hospital had previously told our client that her slab would need to be on for a few weeks, and so by 21 October 2021 she decided to return to the hospital. She was still having pain in her wrist on that date.

Subsequent Developments

Our client attended the Emergency Department at Peterborough City Hospital on 21 October 2021 at around 9.48am. It was noted that she had been lost to follow up prior to her previous discharge, and she was told that she would need to be seen in the fracture clinic. She was seen later that day, where she also had a repeat x-ray. The x-ray showed further shortening at the fracture site with acceptable angulation.

Our client informed the Consultant that she was keen to have surgery to fix the issue. However following this clinic appointment, she was referred instead for hand therapy. She was given a Futuro splint for added support and informed that she could take it off at home and mobilise her wrist if she was able to. She was told she would be seen in clinic in 6 weeks’ time.

Our client continued to struggle with the range of movement in her wrist over the next few months. She reported pain from her mid forearm down into her hand. Further x-rays were then undertaken, which showed malunion of the distal radius fracture. There was also radial translation as well as shortening of the radius.

Our client was advised to undergo a corrective radial osteotomy, and she was placed on the waiting list for this surgery in December 2021. She was encouraged to engage with the hand therapists whilst she awaited this surgery. Due to NHS delays, she eventually only underwent the surgery in June 2023. Following surgery, she took another 6 months to fully recover.

Civil Claim

In early April 2022, SI instructed Nick Leahy, Associate Solicitor in the Clinical Negligence team at Osbornes Law, to investigate a civil claim for damages against the hospital Trust. SI’s first language is Bulgarian and so Nick was assisted in this case by his colleague, Elida Dimitrova, Paralegal, who speaks Bulgarian.

Medical records were obtained, and Nick then instructed Mr Kambiz Hashemi, Consultant Hand Surgeon to prepare a report on breach of duty and causation. Mr Hashemi specialises in acute and chronic upper limb disorders, especially of the wrist, hand and elbow. His report was supportive of our client’s case, and following receipt of his report Nick drafted a Letter of Claim to the Trust which made the following allegations:

1. Failure by the trauma and orthopaedics team to review the initial and post reduction x-rays following our client’s discharge from hospital on 29 August 2021 within 24/48 hours;

2. Failure to arrange for our client to be followed up in the fracture clinic within the first few days following her injury and discharge from hospital on 29 August 2021;

3. Failure to arrange for repeat x-rays to be undertaken within a few days of our client’s discharge from hospital on 29 August 2021; and

4. Failure to arrange for our client to be admitted to hospital to undergo an open reduction and internal fixation procedure within 7 days of the initial injury.

It was alleged that absent the above breaches, our client would have been seen in the fracture clinic promptly and would have been advised to undergo an open reduction and internal fixation (ORIF) procedure, within one week of her injury. It was alleged that on the balance of probabilities our client’s recovery would have been rapid and she would have regained excellent movement of her right wrist within 8-12 weeks of surgery. Further, that she would have been discharged from follow up after this, and any minor residual symptoms which are common following such fractures would have resolved fully within one year of the injury.

The Defendant served a Letter of Response on 27 October 2022, admitting liability in full and making a formal apology to our client for the substandard care she received.

Settlement of £47,000

Condition and Prognosis evidence was then obtained from Mr Hashemi, and a Schedule of Loss was formalised and disclosed to the Defendant on a Without Prejudice basis. Settlement negotiations then took place and a settlement in the sum of £47,000 was agreed in June 2024. This comprised damages for the pain, suffering and loss of amenity our client suffered, loss of earnings, care and future treatment costs.

Our client said

Following the settlement of her claim, our client said:

“Sincere thanks for the success to Nicholas Leahy and Elida Dimitrova!!!

Thank you for your trust, guidance, understanding, responsiveness and all the time you supported me. It means a lot to me.

Elida, I want to say a special thank you to you for the person you are. Listening, supporting, explaining everything to me in details for 2 years, for your patience, for humanity, for loyalty, for the kindness that flows from you. Really!!!

Be always victorious!”

How Osbornes Law Can Help

If you have experienced similar issues with delayed treatment or medical negligence, contact our Clinical Negligence Solicitors.

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811