Failure to diagnose

Advice and Assistance from Cohen Cramer

The injury and treatment

The Claimant brought a claim against the Defendant for damages arising out of a clinical negligence claim. The Claimant had fallen during a football training session landing awkwardly onto his right dominant wrist.  He was taken to hospital and was seen by an Emergency Nurse Practitioner who failed to examine the scaphoid bone. An x-ray was taken but the Claimant was advised that they did not demonstrate any bony injury.

Several months later after continuing to experience painful symptoms in his wrist, the Claimant attended A&E. He was informed that he had a fracture of his scaphoid which had failed to heal. The Claimant required an operation with a bone graft.

Bringing the claim for clinical negligence

The Claimant wrote a letter of complaint to the Defendant and the Defendant admitted that there was a failure to investigate and/or diagnose a scaphoid fracture following the Claimant’s initial presentation to hospital. For the purposes of this claim, the Defendant admitted that as a result of the Claimant’s scaphoid fracture not being diagnosed until a later date, he was required to undergo an open reduction and internal fixation of his scaphoid, with a non-vascular bone graft.

Settlement of the claim

Rather than incur the costs of obtaining the breach of duty report unnecessarily, on behalf of the Claimant we elected to obtain a condition and prognosis report so that we could quantify his claim. In addition, we obtained a report from an expert in skin camouflage to detail the future costs of camouflage in respect of the Claimant’s scar.

The claim concluded by way of the Claimant accepting a settlement in the sum of £23,500.00.

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