Our client, a 62 year old woman from Hove, East Sussex, suffered a sciatic nerve injury during a total hip replacement (THR) performed by orthopaedic surgeon Mr Pattison on 07.03.11.
That sciatic nerve injury caused our client to suffer with additional physical restrictions and impacted on her ability to undertake various day to day activities.
Expert evidence from our orthopaedic expert confirmed both that our client should have been offered conservative treatment prior to the THR, and that she may not have needed a THR at all. He further confirmed that the THR was negligently performed in causing the sciatic nerve injury.
The Defendant made partial admissions on breach of duty, but denied that our client would not have had the THR and denied that she would have avoided the sciatic nerve injury (arguing that, as it was a recognised risk of the THR, it could not have been avoided).
The Defendant made an opening offer of £20,000. However, this was not accepted and Court proceedings had to be issued in order to progress matters.
Following the exchange of witness statements, and prior to the exchange of expert evidence, the Defendant made an improved offer of £50,000, which was accepted.
Alex Tengroth, who had conduct of the claim, said
“This was a challenging case in which my client had some pre-existing physical restrictions upon which further disability following the THR was overlaid, making it difficult to establish precisely the extent of injury that was claimable.
The settlement represents a good result, and will allow my client to make the necessary adaptations to her home in order to make her life easier in the future.”