The Medical Negligence team at Lester Aldridge has secured a five-figure settlement for a client who received substandard care following two cycling accidents.

Our client, who was a minor at the time, first sustained undisplaced midshaft fractures of the left radius and ulna in Spring 2022. He was treated conservatively in an above-elbow cast. However, over the following weeks, his fractures failed to heal properly, with a worsening loss of position. Despite this, he was changed to a below-elbow cast, and upon removal two months post-accident, radiology showed visible fracture lines, and he was left with a 25-degree cosmetic and functional deformity. He was discharged from NHS care despite concerns raised by him and his mother.

A private paediatric orthopaedic consultant later confirmed the deformity was unacceptable for a child of his age, with no chance of natural correction. The client underwent a corrective osteotomy, which left him with two 5-inch scars.

Although he recovered well from surgery, he suffered a nearly identical injury a few months later. This time, he sustained displaced fractures of the same forearm. Once again treated by the same NHS Trust, the fractures were manipulated, and a cast was applied. However, despite a clear loss of alignment over time, no corrective steps were taken, and he was again left with a 25-degree deformity.

He was advised that further surgery would be required to correct the ongoing deformity. Now an adult, he has opted to delay the procedure to focus on his education but understands that functional deformity may limit him in the future without surgery.

Legal Admissions

We argued on behalf of our client that appropriate treatment of the first injury would have prevented the need for surgery, and he would have avoided the scarring. We also argued that surgical intervention should have occurred much sooner after the second injury. Generally, our client suffered psychological distress after both incidents, including anxiety and avoidance behaviour, as well as a loss of confidence in the NHS and medical professionals.

Our client’s case was put to the NHS Trust, who admitted negligence for failing to identify and act on the worsening fractures. The Trust admitted that our client would have ongoing functional and cosmetic issues without further surgery and agreed to settle the claim and issued a formal apology.

Christopher Price, Solicitor in the Medical Negligence team, concluded the case, working with independent experts to establish breach of duty, causation, and the client’s condition and prognosis. He secured a five-figure settlement for pain and suffering, as well as the cost of future medical treatment. He says:

“It has been a pleasure to work with my client to conclude a successful claim. It was immediately clear upon taking the case how distressing these events were for him and his family. The circumstances of his case were quite unique in that he suffered two very similar injuries and was subject to very similar negligent care on two separate occasions at the same NHS Trust. I am delighted to have been able to achieve such a favourable outcome.”

Our client’s mother, who was heavily involved in the case on her son’s behalf, said:

“Christopher Price was fantastic throughout the whole process. I was kept informed every step of the way and was listened to when I had any concerns. It was a completely stress free process with a great result. My son and I couldn’t be happier to have used Lester Aldridge and I highly recommend them and Mr Price.”

Contact Information

If you have any questions regarding the above case or need to speak with one of our specialist personal injury and medical negligence solicitors, please email online.enquiries@la-law.com or call 0344 967 0791.