We have recovered damages of £400,000 for a client who developed compartment syndrome in hospital following a fall and a leg fracture. Our client was admitted to Salisbury District Hospital having fallen whilst climbing over a fence and broken his leg. He underwent surgery to pin the leg, which went well, but was not observed as he should have been thereafter and signs that he was developing compartment syndrome were missed. Consequently our client required major surgery to save his leg, necessitating a muscle transfer from his back and significant skin grafting. He retained his mobility but was left with a permanent foot drop and regular pain and swelling in the leg. His injuries caused him a psychiatric injury.
The NHS Litigation Authority made an early admission of liability but denied the quantum of the claim. The most contentious head of loss was loss of earnings, with our client having been a high earner in the IT security industry and having had plans to undertake self employed consultancy work, which had to be curtailed.
Settlement was reached after exchange of expert evidence and following a round table meeting. The claim was funded by way of legal expenses insurance.