The Newcastle Upon Tyne Hospitals NHS Foundation Trust Compensation Claim

If you have been injured while in the care of the Newcastle Upon Tyne Hospitals NHS Foundation Trust, you may be able to make a compensation claim for clinical negligence. To discuss your options with a specialist solicitor, call Quittance on 0800 376 1001.

The Newcastle Upon Tyne Hospitals NHS Foundation Trust case study

The claimant, born in 1979 with two dislocated hips, was placed in a plaster splint shortly after birth, which corrected the deformity in her right hip but not her left.

She was admitted to Bishop Auckland Hospital, where her left leg was placed in traction and underwent a closed reduction procedure. Despite being in plaster for five months, her left hip remained dislocated.

Following the removal of the plaster, the claimant had her first open reduction surgery, leading to another extended period in plaster. She was then transferred to Freeman Hospital, where she spent five weeks in traction and had a second open reduction.

The claimant was finally able to walk unaided for the first time at age four and a half.

Further surgery

The claimant underwent a repositioning osteotomy to correct a flexion deformity in her left leg, with a metal plate later removed. Despite the surgery, her legs remained different lengths, and doctors planned a leg lengthening procedure for when she was 13 or 14.

Her left hip became completely stiff, and there was a 3.5cm leg length discrepancy. The leg lengthening procedure involved fitting an orthofix device, lengthening the leg by 1cm during the operation. Post-surgery, the screw on the orthofix device had to be turned at intervals, causing the claimant extreme pain. The device was adjusted to reduce the turning frequency.

Unfortunately, her left femur failed to unite, requiring further surgery to realign the femur. The claimant remained under the care of Freeman Hospital until she was 20 years old.

Breach of duty

One of the medical experts involved in the claim described the claimant’s treatment as a "catalogue of disasters." Multiple allegations of negligence were made, particularly around the failures to properly reduce the claimant’s left hip from birth and in the techniques used during various procedures.

Causation

The defendants conceded most of the negligence allegations, with the few they contested having no impact on causation. Both parties' medical experts agreed that, without the negligent treatment, the claimant would likely have needed a hip replacement around age 50. Due to the negligence, however, she now faced the risk of pseudarthrosis and had to live with ongoing pain, deformities, and movement restrictions.

The claimant's injuries

The claimant was left with a rotated femur, a deformed and degenerative left hip, and extensive scarring. She walked with a limp and experienced continuous pain in her hip, thigh, and back, with her condition expected to deteriorate over time.

It was agreed that, because of the negligence, the claimant would require a primary hip replacement around age 30, with further revision surgeries expected at ages 45 and 60. There was also a 25% chance that her bone stock could become exhausted, resulting in pseudarthrosis, which would prevent her hip from being reconstructed.

See also:

Personal injury solicitors in Newcastle upon Tyne

Compensation settlement

The Newcastle Upon Tyne Hospitals NHS Foundation Trust was ordered to pay the claimant a total of £316,300 in damages. She was awarded £65,000 for pain, suffering and loss of amenity and £20,000 contingency for the risk of pseudarthrosis.

For future plastic surgery she was awarded £4,245; future care £82,356; future surgery and associated costs £36,361; aids and equipment £12,219; miscellaneous future needs; £23,085.

She was also awarded Special Damages for past care £28,363; past travel £3984; miscellaneous past costs; £1591 and interest of £36,424.

Making a compensation claim against Newcastle Upon Tyne Hospitals NHS Foundation Trust

Making a clinical negligence claim against an NHS Trust can be a complex process. A specialist solicitor will arrange the necessary reports and expert witness statements to give your claim the best chance of success.

Call us on 0800 376 1001 to discuss your options with a claims expert, or use Quittance's injury claims calculator for more information.

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.