Dean Wilson Solicitors have reached a seven figure settlement on behalf of one of their clients.
Mrs F badly fractured her leg. She was taken to The Conquest Hospital in Hastings, where she underwent surgery in order to repair the fracture. Mrs F developed an infection which was then badly managed by the hospital over a number of months. The infection then developed into osteomyelitis (chronic bone infection), which progressed throughout the knee, completely destroying it. She would eventually undergo a total knee replacement and reconstruction.
Mrs F instructed Ben Davey in our medical negligence team in order to investigate the possibility of bringing a claim. Ben instructed an independent expert, who advised that they considered that the failure to manage the infection better was a breach of duty (negligent), and that this had led to the ongoing problems. With appropriate treatment, the expert’s view was that Mrs F would have made a full recovery from her initial leg fracture.
A number of medical experts were instructed by Ben to provide an opinion on Mrs F’s ongoing problems. They were of the view that her working ability was severely compromised, she would benefit from level storey accommodation, and would require professional care in later life as she got older.
The claim was initially resisted by solicitors for East Sussex Healthcare NHS Trust (who control The Conquest Hospital), and the case was listed for a High Court trial. Before the trial took place, the hospital was invited to settlement discussions, where they apologised to Mrs F for their negligent actions, and agreed to pay her a seven figure sum in settlement.
Ben Davey commenting on the settlement said:
“I am delighted to have settled this case on very favourable terms for Mrs F. The settlement provides her with financial security going forward, and allows her to move to suitable accommodation. The sum paid, along with an apology, is recognition of the avoidable harm that she has suffered.”