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Six-Figure Settlement Awarded For Surgical Error

09 September 2016

A six-figure settlement was awarded to a man when routine bicep surgery led to extensive complications caused by medical negligence.

Slater and Gordon Solicitor: James Bell is a principal lawyer and medical negligence solicitor at Slater and Gordon in London.

Settlement: Six-figure settlement.

What Happened: Whilst at work, our client injured his left elbow. He attended the hospital where the diagnosis of a ruptured bicep tendon was made and he was advised that he would need an operation.

During the course of the operation the lateral cutaneous nerve of the forearm as well as the superficial radial nerve was damaged.

Impact: Following the operation our client experienced severe pain as well as pins and needles over the radial aspect of the forearm extending into the thumb which would continue to affect his quality of life.

It was later noted that he had no sensation in the area of skin supplied by the superficial radial nerve. He then had a patch of numbness over his thumb in the distribution of the lateral cutaneous nerve. Further to this, our client suffered an adjustment disorder with a mild to moderate depressive order.

How Slater and Gordon Helped:  The hospital was negligent in failing to identify the superficial radial nerve and lateral cutaneous nerve at operation, failing to protect the same and damaging the nerves during surgery.

An expert was asked to review the medical records and concluded that the surgery had been negligently performed by the surgeon and that the injured nerves had been damaged at the time of the operation .

Our client experienced financial loss as it became very likely that he would lose his employment as a result of the injuries sustained.

The hospital denied liability and put forward an unsatisfactory proposal of a four figure settlement sum. This was rejected by our client.

Following serving of court proceedings the hospital put forward a six figure settlement proposal which was rejected. Negotiations continued with an agreement subsequently being reached at a larger six figure sum.

Decision: Six-figure settlement.

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