A claimant was awarded damages in excess of £150,000 after the hospital admitted that they failed in their duty of care. The claimant ended up in the A & E after suffering an injury to the hand.

At the hospital it was noted that this was a crush injury type fracture to the distal phalangeal joints. This type of injury can occur from force, and can cause a complete disruption to one of the major retaining ligaments which includes the radial or ulnar collateral ligaments.

The seriousness of the trauma meant that the claimant required surgery due to the joint subluxation to restore the joints.  During surgery the claimant acquired an infection MRSA which is commonly known as the hospital superbug.

MRSA (Methicillin-resistant Staphylococcus aureus) is a type of bacteria that is resistant to several widely used antibiotics making it harder to treat than other bacterial infections.  If the infection is not treated in a timely manner all sorts of complications can occur and in this case did occur.

The complications are worse if the infection gets deeper into the body and if not treated in a timely manner. People staying in hospital are more at risk of this happening.

After surgery the claimant was discharged but the fracture was not healing as expected because the immune system was compromised by the infection which nobody knew about. Though the claimant went back to the hospital the infection was not diagnosed and treated promptly.

The claimant began to have a high temperature, chills, dizziness and felt confused.

There were missed opportunities to diagnose and treat the complications.  There was a breach of duty by those treating the claimant to investigate the symptoms and provide treatment

From a medical negligence perspective the Microbiologist and the Orthopaedic experts gave conclusive supportive evidence of the failure with regards to the initial surgery and with regards to the delayed diagnosis. The hospital lawyers initially denied breach on the basis that all surgery carries a risk of infection.  They also denied causation this being the consequential losses on the basis the ongoing losses were due to the original injury as opposed to the infection. The case was subject to Court proceedings but it settled just before Trial for a sum in excess of £150,000.

This case demonstrates the uphill struggle the claimant had in order to prove their case. Duty of care by the medical professionals not only relates to the diagnosing of any medical condition but it also extends to the aftercare and subsequent treatment. Here the claimant was exposed to MRSA then there was a failure to diagnose and treat the condition in a timely manner added to that there was a protracted defence. The damages paid by the Defence will not end the claimant’s suffering but it will go some way to helping them rebuild their life with confidence and dignity.

Given the denial of liability a skilled and tenacious approach was required to unravel the complex medical issues to bring about a successful outcome for this victim of medical negligence.

If you have a similar matter and require legal help or advice, please contact our Medical Negligence team on 0800 8 60 62 65.

Daxa Patel Partner – Litigation and Medical Negligence