[2008] LTLPI 31.07.09  

Claimant aged 29 years, attended Defendant hospital after sustaining wide displaced transverse fracture of tibia and fibula. He underwent an operation to insert intramedullary nail into right upper tibia. One month after discharge, x-rays revealed intramedullary nail protruding out of tibia into the front of the knee by about 11mm. Further procedure carried out to drive nail deeper into tibia and insert a transverse locking screw.  

Claimant continued to experience pain. X-rays over five months revealed fracture had not healed and the locking screw had broken. An operation to remove the screw was arranged but subsequently cancelled. Successful revision surgery was carried out six months later at another hospital after the Claimant's GP questioned delay.  

Claimant alleged Defendant hospital had been negligent in failing to insert the nail deep enough during the first operation and using insufficient locking screws in the subsequent procedure and failing to identify that he had developed hypertonic non-union by seven months after the first operation.  

Trust admitted operations had been performed below a reasonable standard. Claimant was left with permanent scarring to front of knee and suffered discomfort in that area preventing kneeling as well as intermittent aching in shin.  

Out of court settlement: £32,500 (estimated General Damages: £20,000).