Case: Failure to diagnose a fractured left wrist

Abstract

Facts

On 25.1.03, the Claimant was involved in a road traffic accident. He sustained a fractured hip, a fractured left elbow, a fractured left scaphoid (wrist) and concussion. The Claimant's injuries were all correctly diagnosed and treated, except for his fractured left wrist. On 12.9.05, the Claimant's left extensor pollicis longus tendon ruptured. His wrist was x-rayed and the fracture sustained in January 2003, was finally diagnosed.

Liability

There was a failure to examine the Claimant's left wrist adequately, with the result that radiographs appropriate to the diagnosis of a fractured wrist, were not undertaken. There was also a failure to illicit from the Claimant any adequate history and a failure to appreciate that the pain that the Claimant was experiencing in his left arm was partly attributable to the fractured left wrist.

The Claimant instructed ourselves on 17.1.06. The limitation date in this case was based upon the Claimant's date of knowledge. Orthopaedic medical evidence was obtained from a Consultant Hand Surgeon. Proceedings were issued on 2.9.08 and the case was defended. The 2 orthopaedic consultants produced a joint statement, which was broadly in agreement and favourable to the Claimant. The Defendants accepted liability. Judgment was entered for the Claimant on the issue of liability on 13.3.09, with damages to be assessed.

Quantum

There was almost a 3 year delay in the diagnosis and treatment of the Claimant's left wrist fracture. The Claimant underwent 4 operations in total, including a tendon operation, two bone grafts, which were unsuccessful and finally a 4 point wrist fusion operation on 8.10.08. The Claimant was unable to continue in his career as a senior mechanic, but did have a residual earning capacity as a Coach Driver.

General damages were agreed at £30,000.00 plus interest. The main area of dispute in relation to special damages, was past and in particular, future loss of earnings. The global settlement figure of £210,000.00 can be roughly broken down as follows:-

General Damages		£30,000.00
Interest		£800.00
Sub Total		30,800.00
Past losses
1	Travel expenses	£350.00
2	Loss of earnings	£20,000.00
3	Care and assistance	£1,500.00
4	Medical costs	£700.00
5	Extra household expenses	£600.00
6	Interest	£1,000.00
7	Welfare benefits (CRU)	nil
Sub Total		£24,150.00
Future losses
8	Travel	£300.00
9	Loss of earnings	£148,750.00
10	Care	£5,000.00
11	Medical costs	£1,000.00
Sub Total		£155,050.00
TOTAL		£210,000.00

Solicitor's Comment

Settlement negotiations started on 4.9.09, with the Claimant's first offer. 4 Part 36 Offers were made by the Claimant and Defendant's solicitors. The Defendant, however, on the advice of Counsel withdrew their original counter offer of £175,000.00 and made a new offer of £100,000.00. Following this stalemate a round table meeting was suggested by the Claimant's solicitors, which took place on 21.1.10, which resulted in the global settlement figure of £210,000.00.