Case Studies

Clinical Negligence – Case Study

Adam Horner was instructed to claim damages for clinical negligence after the NHS failed to identify and adequately treat a fractured thumb, which caused ongoing problems for our client.

An initial x-ray did not identify substantial damage and she was referred for a repeat x-ray a month later due to a lack of recovery progress following the removal of the splint and two weeks of physiotherapy.

The second x-ray highlighted a displaced avulsion fracture to the thumb on the ulnar side and our client was subsequently advised by a hand clinic that surgery would be appropriate.

This was carried out seven weeks after the injury and our client suffered post-operative pain and stiffness, as well as a prominent suture that has since been removed.

A large Solicitors firm that specialises in clinical negligence previously informed the claimant that she did not have a case.

But Adam was keen to move forward with the claim and argued that the Trust staff had failed to adequately assess and accurately record the instability around the thumb MCP joint, which would have led to an earlier diagnosis and referral to the hand clinic for surgical assessment.

This would have avoided the seven-week delay in undergoing surgery and therefore would have resulted in a better outcome.

Although the NHSLA denied liability on behalf of the hospital, Adam pursued the case further by issuing court action.

Eventually, two years after accepting the case, Adam was able to obtain £40,000 plus legal costs in pursuing the claim for our client.

McHale & Co are an accredited APIL (Association of Personal Injury Lawyers) Practice. If you have been in an accident and would like to get in touch with our Personal Injury experts, call 0161 928 3848 or email