Case Studies

Clinical Negligence Case Study

Adam Horner succeeded in pursuing a claim against Fairfield Hospital, eventually securing a sum of £18,000 in compensation for our client, who had received negligent treatment for a hip injury.

The claimant suffered with a sore right knee for a number of years and in four years underwent pain injections and three arthroscopies, but was then diagnosed with a narrowing and sclerosis of the right hip joint, which was causing the pain.

After waiting for a considerable length of time for a cementless hip replacement, our client was finally operated on in May 2013, although he was made aware a day after the procedure that he had in fact received a cemented hip replacement instead.

Despite the doctor’s proclamations of great success, the client was forced to take five months off work and was dependent on a walking aid for three months, only gaining statutory pay during his time off.

The doctor refused to accept liability that the pain was a consequence of a problem with the operation and an inguinal hernia was identified and repaired by October 2014, although the symptoms remained.

However, by February 2015, our client saw a Professor, who diagnosed an offset right hip and suggested the probability that a problem with the original surgery was to blame.

In July 2015, the claimant underwent surgery to repair the damage with an uncemented hip replacement, which proved to be a major success as the client was walking without crutches within three weeks.

With the Hospital denying liability for the prolonged issues, Adam swiftly issued court proceedings, having identified 11 particulars of negligence, including failure to properly plan and explain the replacement surgery, failure to adequately prepare or pressurise the cement, failure to undertake the surgery with reasonable care and skill, etc.

This provoked an initial offer of £10,000, which was declined, followed by a second amount of £13,000 that was also refused as Adam remained intent on achieving a fair sum for the client.

Eventually, he was able to secure an £18,000 settlement for our client, avoiding a court trial and earning an appropriate compensatory sum.