Settlement for permanent impairment after elbow dislocation was not treated correctly

Amanda Cavanagh, a Medical Negligence specialist at Ashtons Legal, has obtained a five-figure settlement for Mr J, who sustained an elbow dislocation when he was approximately nine years old.

He attended hospital following an accident which had caused the dislocation, but the injury was not treated correctly. It was not until some six weeks after the initial injury that the dislocation was identified and treated, by which time permanent functional impairment was likely to be the outcome.

Due to the Claimant’s age, the claim was pursued by his mother and litigation friend on his behalf. Mr J’s mother approached us when the child was around 14 years old. The hospital made admissions of breach of duty following receipt of the Letter of Claim. However, causation (what damage flowed as a result of the breach) could not be determined until the child reached skeletal maturity, at approximately 16-17 years of age. The claim was put on hold for three years.

Once Mr J reached skeletal maturity, an expert opinion on his condition and prognosis was obtained, which confirmed that he had suffered some permanent mild functional deficit.

Counsel was instructed to provide quantum advice and a negotiated settlement on the amount of compensation was achieved between the parties. The amount of the compensation has to be approved by the Court as Mr X is under 18 years of age.

Amanda Cavanagh comments: “I was delighted to be able to help this young man achieve a settlement. He is, as a result of the injury, somewhat disadvantaged in the labour market. This means that he may not be able to achieve his first career choice. This compensation will help to bridge that gap and allow him time to reconsider his future employment plans.”