Five figure settlement after failure to diagnose and treat thumb injury at Urgent Care Centre
Jamie Green secured a five figure settlement for his client Mr Willis*, who suffered a delay in diagnosing and treating a laceration of the flexor pollicis tendon and the digital nerve in his right thumb after attending the Urgent Care Centre at Queen Elizabeth Hospital.
Mr Willis badly lacerated his right thumb while at home. He was taken by ambulance to the Urgent Care Centre at Queen Elizabeth Hospital. He was briefly assessed on arrival although no tests were performed as to whether he could bend and stretch his thumb. He was assessed again later that evening when the wound was closed with stitches. Again, no tests were done to determine whether he could bend and stretch his thumb. He was discharged home with no further treatment planned.
Mr Willis suffered from ongoing numbness, pain and immobility in his right thumb. He arranged a private appointment with a hand surgeon who, following further investigations, diagnosed him with a complete laceration of the flexor pollicis tendon and the digital nerve in his right thumb. Due to the time that had elapsed since the injury, he had to undergo a two-stage tendon grafting procedure requiring him to wear a splint for six weeks. He continued to suffer from increased pain and stiffness after successful surgery, and required intensive physiotherapy.
Mr Willis instructed Jamie to investigate his claim. He obtained reports from an A&E expert and a consultant hand surgeon, who confirmed that the Urgent Care Centre negligently failed to assess him and subsequently diagnose a severe tendon injury that required further investigations and surgery. If this had occurred, Mr Willis would have had urgent surgery and would have avoided an additional operation and his recovery time following this. However, the experts considered that Mr Willis had made an excellent recovery following the two-stage repair and that his function would not have been significantly better even with earlier surgery.
Jamie subsequently sent a Letter of Claim to the Urgent Care Centre who, following their own investigations, admitted liability in full. The claim was then quantified and detailed negotiations were held with the defendant, resulting in a settlement before Court proceedings were issued.
Following settlement, Mr Willis said:
"From start to finish, the Fieldfisher team went above and beyond to deliver a truly first-class customer service experience. I was kept updated throughout the matter and my expectations were managed along the way. The Fieldfisher team secured a stellar result in short order for which I am forever in their debt. Thank you very much indeed"
*name changed
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For further information about delayed diagnosis claims or GP negligence claims, please call Jamie Green on 03304606771 or email jamie.green@fieldfisher.com.
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