Client Receives £200,000.00 Following a Medical Error Caused During Elbow Surgery

Chloe Sullivan, Medical Negligence Solicitor, secures £200,000.00 for a Client who experienced a surgical error which left her with significant and permanent damage to the elbow.

What Happened

Our Client experienced a fall in which she sustained a complicated multi-fragmentary bony and soft tissue injury to her dominant right elbow. She underwent surgery to repair the fracture which involved the excision of the radial head. Following the surgery our Client continued to experience constant pain and a poor range of movement. She was therefore sent for a second opinion at an alternative NHS Hospital.

It was established that the initial treating Surgeon had failed to consider remove the radial head and replace it with a prosthetic substitute. Therefore, within as little as 4 weeks’ post-surgery, the fixation had fallen apart due to the technique used.

Unfortunately, as a result, our Client was subjected to further corrective surgical treatment by way of a replacement radial head. She therefore experienced a delay in her recovery period together with prolonged pain and suffering.

Although surgery has improved the elbow function, our Client now continues to experience extremely restricted function and suffers from constant pain of the elbow. Had the correct surgery been carried out initially, our Client could have expected to experience a functional range of elbow movement.

How Chloe Helped

Chloe was able to successfully argue that the treating Surgeon should have considered and discussed with our Client the option of replacing the radial head as this would have prevented the need for corrective surgery.

Chloe raised the issue that the Surgeon in question failed to use an appropriate surgical technique whilst repairing the fractured elbow which exposed our Client to a foreseeable risk of injury.

As a result of the negligence and the effect this has had on our Client’s functional range of movement within the elbow, it was established that she will require ongoing daily care. Chloe was able to secure compensation which will fund our Client’s future care and assistance.

The Result

A letter of Claim was lodged with the Defendant Trust alleging Breach of Duty. Liability and Causation was soon admitted and after extensive negotiations, Chloe managed to secure damages of £200,000.00 due to our Client’s pain, suffering and loss of amenity.