Inadequate treatment at A&E following an ice-skating accident

The client suffered a deep cut at the base of her thumb while ice skating. The injury caused serious damage to the nerves and tendons in her hand.

She attended A&E, where the wound was stitched and she was discharged. However, the severity of the injury wasn’t recognised. She should have been referred to a hand specialist immediately and undergone surgery within 48 hours.

Because the injury wasn’t diagnosed and treated correctly, the client underwent a delayed surgical tendon repair. She then developed complications, including an infection and a granuloma, which is a small area of inflamed tissue.

She needed several further operations, including another repair of her tendon. Her recovery was prolonged, and she was left with a permanently weaker, stiffer and more uncomfortable thumb.

The client also experiences sensitivity around her scar, reduced sensation and an intolerance to cold. These symptoms were expected to have occurred to some extent because of the original nerve injury, regardless of the negligent treatment.

At the time of the accident, the client was 17 and training for her dream job as a dog groomer. Her injuries prevented her from continuing with this career path.

She was left with ongoing discomfort and difficulty carrying out repetitive activities. The physical and mental effects of the injury took their toll.

Over time, the client began to adapt to her limitations and gradually increase her activities. She also started to feel more positive about her future.

The team on the case obtained the client’s medical records and identified that the examination documented in the notes fell below an acceptable standard.

They arranged for an independent specialist hand surgeon to review the care she received. The expert concluded that the treatment had been negligent.

The team then wrote to the NHS Trust, which obtained its own independent expert evidence. The Trust admitted that the client should have had a proper examination of her hand, including an assessment of her thumb movement. It also accepted that she should have been referred to a regional plastic surgery or hand specialist team.

Following the Trust’s early admission, much of the work focused on calculating the losses caused by the inadequate treatment.

The team assessed the client’s past and future needs to establish an appropriate compensation figure. This included distinguishing between the effects of the original injury and the additional harm caused by the negligent treatment.

The team reached an agreement with the Trust’s insurer without needing to issue court proceedings.

Natalie Hirst explained:

“Compensatory awards in such claims aim to ensure that someone will not be worse-off as a result of negligent treatment. We recognised that because of the nature of our client’s nerve injury, she would always have suffered from scar sensitivity, reduced sensation and cold intolerance, and so it was important to ensure that the Trust’s liability was limited to avoidable injury only.”

The client secured a settlement that accounted for her past and future losses arising from the negligent treatment. The source doesn’t disclose the amount of compensation.

The settlement recognised the additional harm caused by the delayed diagnosis and treatment, while accounting for the symptoms that would have resulted from the original nerve injury.

Although the client has been left with a permanent thumb injury, she’s gradually adapting to her limitations and feels more positive about her future.

Being sent home from A&E without the right treatment can have lasting consequences. If you’ve experienced complications after an injury wasn’t properly assessed, Fletchers can help you understand your options.

Find out more about our medical negligence claims service.

Contact us today to speak to our team.