County Durham & Darlington NHS Trust Compensation Claim

If you have been injured in the care of County Durham and Darlington NHS Foundation Trust you may be entitled to make a medical negligence claim. To speak to an expert about your situation, call Quittance on 0800 376 1001.

See also:

Personal injury solicitors in Leeds

County Durham and Darlington NHS Foundation Trust (2002) case study

A 22-year-old woman was awarded £316,300 (£472,365.5 RPI adjusted) at Leeds County Court after a series of medical mishaps left her with a deformed, degenerative hip injury and ongoing pain.

Born with dislocated hips in March 1979, her right hip was corrected early, but her left hip remained dislocated. Over the years, she underwent multiple surgeries and treatments, including traction, open reduction procedures, and plaster immobilization, but the left hip failed to heal properly.

By 1982, her left leg was 1.5 inches shorter than her right, and X-rays confirmed that the left hip was still dislocated. Despite several more procedures, including a repositioning osteotomy and leg-lengthening surgery, her left femur failed to unite properly, causing significant pain and requiring additional surgeries.

The medical negligence left the claimant with permanent restrictions, a degenerative hip condition, and daily pain, impacting her quality of life.

See also:

Hip injury claims

The trial

During a three-day trial at Leeds County Court, several allegations of negligence were made regarding the failure to properly reduce the claimant's left hip and the lack of recognition that it had remained dislocated since 1979. One of the claimant's experts described her treatment as a "catalogue of disasters." The defendants conceded most of these claims, and the remaining issues had no bearing on causation.

Experts from both sides agreed that, without negligence, the claimant would likely have needed a hip replacement around age 50 but would have otherwise lived a normal life. However, due to the negligent care, she was left with a rotated femur, a deformed and degenerative hip, extensive scarring, a limp, and ongoing pain in her hip, back, and thigh.

Her condition was expected to worsen, with experts agreeing she would need a primary hip replacement at 30, followed by revision surgeries at ages 45 and 60. There was also a 25% chance of developing pseudarthrosis (non-healing bone) by age 65 or beyond, which could significantly impair her mobility and quality of life.

Since liability and causation were admitted, the trial focused on damages. Judge Bush considered the claimant's argument that if pseudarthrosis occurred before age 65, it would severely impact her ability to work and increase her care needs, requiring crutches at home and a wheelchair outdoors. Judge Bush awarded a full and final settlement for the claimant.

Compensation Settlement

The final award was as follows:

Total Damages: £316,300 (£472,365.5 RPI adjusted)
Of which:

• £65,000 general damages for pain, suffering and loss of amenity, plus £2,600 interest.
• Contingency for risk of pseudarthrosis before 65: £20,000
• Future plastic surgery: £4,245
• Future care: £82,356
• Future hip surgery and associated costs: £36,361
• Aids and equipment: £12,291
• Miscellaneous future needs: £23,085
• Special Damages:
• Past care: £28,363
• Past travel: £3,984
• Miscellaneous past costs: £1,591
• Interest: £36,424.

Making a compensation claim against County Durham and Darlington NHS Foundation Trust

Making a claim for medical or clinical negligence can seem initially overwhelming. Hospital Trusts are large complex organisations. Just finding out what happened can be complicated.

The panel of solicitors have significant experience in taking on hospital trusts and securing financial compensation for people affected by clinical or medical negligence.

Call us on 0800 376 1001 to discuss your situation with a claims expert or find out what your claim could be worth.

Disclaimer

Case studies are for informational purposes only and aim to help prospective claimants understand the injury claim process. They are based on cases handled by Quittance panel solicitors or sourced from public court records.

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.