Delay in treating a fractured humerus leads to a permanent disability
A trip to a playground resulted in significant injuries for a young boy aged 3 who fell off a slide and fractured his left humerus. He was immediately taken to Bury General Hospital and underwent surgery. The fracture was manipulated and fixed with a K-wire and plaster cast.
The following day the plaster cast was noted to be tight and the young boy’s fingers were very pale. The plaster cast was split and later that day the child was transferred to Fairfield Hospital. The following day his fingers were blue, swollen and cold. No further action was taken at that point. It was not until a few days later that the young boy was taken to theatre for an exploratory operation as the condition of his hand had deteriorated further. It was noted that the brachial artery was obstructed and the majority of the muscle in his forearm had died.
The young boy was transferred for further surgery under the care of a Plastic Surgeon which resulted in him having extensive surgery which involved having his abdominal muscle transferred into his forearm and extensive skin grafting.
Throughout his childhood years the young boy required several major operations and spent much of his time in a plaster cast to correct the residual deformity of his left hand.
The young boy’s parents approached Irwin Mitchell solicitors and initial investigations were concluded and a full admission received from the Trust acknowledging that there had been a delay to investigate and appropriately treat the young boy sooner. It was agreed by the Court that because the young boy had not finished growing that Court proceedings would be put on hold until such a time as his future condition and prognosis could be determined and an interim payment was secured for the parents in respect of all the care that they had provided to that date. Dina Lambourne, clinical negligence solicitor, re- commenced Court proceedings when the young boy had reached the age of 18 years following which a six figure settlement was agreed with the Trust.