Compensation Recovered After Incorrect Brace Causes Infected Pressure Sore

Case overview 

Our client, a 25-year-old Cleansing Operative sustained an injury to his arm and attended the Urgent Treatment Centre, where an x-ray confirmed a fracture of the lower humerus. The initial plan was to provide a humerus brace with collar and cuff and refer the claimant to a virtual fracture clinic the following day. However, no referral was made.
 
It wasn’t until several days later that the client was seen at the fracture clinic. At the appointment, he was advised that he’d need surgery under general anaesthetic.  The following day, as the client was being prepared for surgery, the humeral brace was removed under general anaesthetic, and an infected pressure sore was discovered. It was decided not to proceed with the planned surgery. The area was cleaned and dressed, a new brace was applied, and he was prescribed IV antibiotics as an in-patient.  
 
A week later, the client returned to theatre for an open reduction internal fixation of the right humeral bone under general anaesthetic. Following surgery, the claimant was unable to work for around a month and remained on light duties for two weeks following his return.   

Liability and admissions 

The case was handled by Clinical Negligence Solicitor, Poppy Heslop. 

The NHS Trust admitted partial liability, acknowledging: 

• The incorrect brace had been applied initially, leading to a pressure sore and subsequent skin infection. 

• A failure to refer the claimant to the fracture clinic on the day following the injury, as originally planned. 

• That brace immobilisation should have been delayed until swelling had reduced, and a U-slab should have been used initially. 

The Trust conceded that proper initial management would likely have prevented the pressure sore, infection, IV antibiotic therapy, and delay in surgical treatment. However, the Trust denied failing to assess the skin integrity or document the pressure sore when the client attended the fracture clinic, stating it was unnecessary. They also denied neglecting to conduct a proper pre-operative assessment, arguing it was standard procedure not to remove the brace until just prior to surgery. They also denied that surgery could have taken place any sooner, even without the complications.  

 Case outcome  

Despite the Trust denying full liability, we were able to secure a higher compensation figure than was originally offered and the case settled for £6,250.    

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