Mr P suffered a seizure whilst driving which led to him fracturing his spine in several places and also injuring his shoulder to the extent that an operative procedure was required. The negligence in Mr P’s case was two-fold; firstly there was a failure for the first Defendant Trust to identify the spinal fractures during his admission to hospital. The diagnosis was not made until several months later which meant that Mr P suffered unnecessarily. Expert evidence on behalf of Mr P showed that had the diagnosis been made at the time of the accident, a spinal brace could have been provided which would have alleviated the extent of the pain and suffering.
The second element of negligence was in respect of the shoulder injury in that there was a lack of informed consent as to the available surgical options and what the pros and cons of each of those options were (there was a failure to adhere to the guidance laid down in the case of Montgomery). Mr P was simply advised by the Defendant Trust that he would be having an ORIF (Open Reduction and Internal Fixation) procedure and given no other alternative options. Specifically Mr P was at a high risk of developing a complication known as Avascular Necrosis which was significantly more likely with an ORIF procedure. He ought to have been advised that an alternative was a shoulder replacement and that this option would not carry this risk. The development of Avascular Necrosis materialised and it is inevitable that Mr P will need to now undergo a shoulder replacement which means that he will now need a second procedure, more time off work, a recovery period etc.
Mr P’s case was that had he been appropriately consented, he would have opted to have a shoulder replacement in the first place which would have alleviated the extent of his suffering, he would also have only then required one procedure, one period of time off work, one recovery period etc.
Garratts were successful in obtaining £45,000 in full and final settlement of Mr P’s claim against both Defendants in this matter. If you believe that you have been subject to negligent medical treatment, contact our specialist clinical negligence team today on 0161 665 3502.
