THE TYPE OF CASE WE DO

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Ankle Fracture, Failure to Treat

£43,500

W v Scarborough & North East Yorkshire Healthcare NHS Trust (2003)

FACTS

On attendance at A&E fracture of the W's right ankle was identified.

W was treated conservatively in a plaster cast.

W's fracture did not heal and she underwent open reduction and internal fixation with plate and screws.

W required a second operation for removal of metalwork.

W was unable to run and was limited in her walking distance.

BREACH OF DUTY

It was W's case there was an unacceptable delay in operating to fix W's fracture and that the operation had been performed negligently in that the screws had entered the growth plate.

CAUSATION

It was W's case that damage to the growth plate would result in W developing osteoarthritis and may require fusion of her ankle joint.

OUTCOME 

Compensation was agreed at £43,500 without trial.