Failure to diagnose facial fracture causes cosmetic defect
Luke, aged 20, suffered a fall from a trampoline and struck his face in the process. He presented to the Accident and Emergency department of Frenchay Hospital (North Bristol NHS Trust) where he underwent an x-ray of his right cheek.
After waiting for several hours, he was discharged with no diagnosis or advice and no mention of the x-ray result was made. In fact, the x-ray did detect fractures to part of the cheek and the eye socket, the radiologist also recommended that a maxillo-facial opinion be sought. This advice was never followed.
After about 5 weeks, once the swelling had subsided, Luke visited his local GP as he was concerned about the appearance of his cheek, it looked flattened and his eye appeared sunken, with the appearance of black eye.
The GP checked the radiology results and Luke was referred to the maxillo-facial surgeons, but by this stage (7 weeks after the initial fracture), it was not possible to undertake reduction surgery. Luke was left with a sunken eye and flattened cheekbone until he was able to undergo further surgery.
Luke underwent a procedure to implant a maxillary onlay (an implant placed on the cheek, just under the eye to return the natural contour of the face) to improve its appearance. This surgery was successful, but Luke has been left with some mild residual cosmetic defect as a result of the delay in treating the fracture.
Natalie Jones of Irwin Mitchell’s Bristol office represented Luke in his claim for damages against the Trust. The hospital Trust has admitted that their care of Luke was negligent and that they caused his ongoing injury. The NHS Litigation Authority has settled Luke’s claim and paid him £5,000 in damages.
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