Summary
Delay in diagnosis of an elbow injury. But for the negligence, the Claimant, who is a minor, would not have sustained any significant damage to his elbow joint and avoided the need for any further surgeries.
Settlement
£100K awarded.
What Happened
On 15 May 2011 the Claimant fell off a slide and injured his right arm. On 16 May 2011 the Claimant’s mum took him to the Accident & Emergency department at Blackpool Victoria Hospital. It was noted that there was pain in the elbow and wrist region. An x-ray was taken of the Claimant’s right elbow and wrist and an elbow pop was applied. It was noted that there was a possible un-displaced supracondylar fracture of the humerus before a backslab was put on the Claimant’s arm.
On 17 May 2011 the Claimant attended an appointment with Mr James Mace, Registrar in Orthopaedics, at Blackpool Victoria Hospital. He noted grazing to the elbow without removing the slab. Mr Mace also noted that x-rays showed suggestions of a Milch type II lateral mass fracture. The Claimant was admitted for a CT scan.
On 24 May 2011 the Claimant attended another appointment with Mr Mace. Following an examination it was noted that the Claimant had no deficit to the ulnar, radial or median nerves in the motor and sensory distributions in the hand. The Claimant was prescribed Codeine.
A Letter of Claim has been sent and the Defendant has admitted that, if appropriate investigation and clinical review had occurred on 24th May 2011, aspiration of the elbow would have been performed, and intravenous antibiotic therapy would have been commenced. The Claimant, who is a minor, would not have sustained any significant damage to his elbow joint and avoided the need for any further surgeries.
As the Claimant is a child, the extent of the ongoing injury and issues is still being established.
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