Abstract
Background
On 6 April 2003, W was serving with HM Forces in Iraq. He fell onto his outstretched hand while playing football. He experienced acute pain in his right hand and wrist and immediately went to see his Squadron Medical Attendant. The Attendant prescribed analgesic medication and applied a temporary bandage. Later that day, W went to see the Squadron Medical Officer who failed to arrange any radiological examinations, or advise W he may have suffered a bony injury. Nor did he arrange a review of W's wrist.
W wore a wrist splint for three weeks, but continued to experience ongoing pain, and could not use his right hand properly. This resulted in him being unable to carry a firearm. In July 2003, W was re-deployed to Hamelyn in Germany.
On 8 January 2004, W attended the Medical Centre with continuing pain and reduced function of his wrist. He was referred for an X-ray which showed a possible scaphoid fracture. An MRI was then taken and an old closed fracture of the scaphoid was diagnosed.
W underwent bone grafting and Matti-Russe procedure a few months later, followed by physiotherapy. Postoperative treatment continued until the end of 2004. W's contract with the Army was not renewed in June 2005 (for reasons unrelated to the injury). The fracture united, with minimal long-term consequences, though W did report that he continued to experience mild pain and reduced movement in his wrist, which affected his day-to-day life.
Allegations of negligence
The Claimant obtained expert evidence from a GP with military experience that there was a negligent delay in diagnosing the fracture. Orthopaedic evidence confirmed that with appropriate diagnosis, management and treatment, W would have avoided surgery and would have regained complete normal wrist function within one year.
Losses
The claim was for general damages only. There was no past loss of earnings claim – W had left the Army because his contract had been terminated. His injury had not prevented him finding or sustaining employment; W denied any past care claim and only minimal losses in respect of travel expenses to and from his orthopaedic appointments. When the CT scan confirmed that the fracture had united, and that there were no long-term consequences arising out of the delay in diagnosis, the value of the claim reduced significantly – all future losses disappeared.
Settlement
Liability was denied and proceedings issued and served. At the same time an offer was made to settle in the sum of £15,000 plus costs. The MOD rejected this offer, and filed a defence. After further negotiations, damages of £9000 plus costs were agreed.