South Warwickshire NHS Foundation Trust Compensation Claim

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

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Case details

South Warwickshire NHS Foundation Trust (2003) - Case Study

A 31-year-old man was awarded damages of £45,000 (£65,734.30 RPI) after negligent post-operative care following childhood knee surgery left him with a severe and disabling joint condition.

As a 13-year-old child, the claimant suffered a serious injury to his left knee while playing rugby. The injury was treated using a minimally invasive surgical procedure known as a lateral meniscectomy, an operation that is used to repair a torn meniscus cartilage in the knee.

Following surgery, the claimant developed septic arthritis, an inflammation of the joint caused by a bacterial infection.

As a consequence of the septic arthritis, the claimant would have been expected to suffer gradually deteriorating symptoms in the knee during midlife in any event. However, he experienced a significant delay in treating the infection which, the claimant alleged, led to increased damage in the knee joint.

After the infection was treated, the claimant was discharged. His knee remained asymptomatic for 13 years, at which point the claimant began to suffer severe and disabling joint pain.

All aspects of his lifestyle were affected. The pain and lack of mobility prevented him from performing his duties as a general labourer. His found it difficult to walk more than half a mile and could no longer engage in sporting activities. The claimant's sleep was also affected. He became depressed and the pain relieving medication he took caused memory loss.

The long-term prognosis was poor. At the date of the trial, the claimant was scheduled to undergo knee replacement surgery. If successful, the procedure was expected to provide significant pain relief but would prevent him from continuing with this former job and participating in sporting activities. Due to the claimant's age, the knee replacement surgery would require revision every 10 to 15 years.

The Court heard that the knee replacement surgery had a 5 to 8 percent chance of failure due to infection. It also carried a less than 1 per cent chance of very serious infection which could lead to amputation.

If the knee replacement was unsuccessful, the joint would have to be surgically fused and immobilised through a procedure known as arthrodesis. This would cause permanent reduction of flexibility and motion in the knee.

Compensation award

The trial judge awarded a single damages payment of £45,000 (£65,734.30 RPI adjusted). The award included an element for loss congenial employment, a head of damages that compensates claimants for the loss of their sense of vocation.

Making a compensation claim against South Warwickshire NHS Foundation Trust

Making a claim for 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.

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How can Quittance help?

The panel of clinical negligence solicitors have over 25 years experience helping injured people make clinical negligence claims.

Call us to find out how much compensation you could claim, or to ask us anything about the No Win No Fee claims process. We are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

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Gaynor Haliday, Legal researcher

Gaynor Haliday, Legal researcher