In April 2009 *Susan* attended her local hospital in the midlands for surgery to repair a hiatus hernia. The surgery itself was uneventful and she awoke from general anaesthetic as expected. Susan was then transferred to a ward, where she did not have any form of hand-over or orientation.
The following morning Susan was in a lot of pain and was prescribed morphine tablets. A short while after taking this Susan began to feel nauseous and had a sudden urge to use the toilet. Susan called for a nurse who told her to wait a minute before going away and not returning.
As Susan was desperate to use the toilet she got out of bed and walked across her room to the toilet. She made her way into the toilet cubicle before fainting. When she regained consciousness she was lying on the floor of the bathroom and had a considerable pain in her ankle.
A nurse then came into the bathroom and found Susan on the floor she was helped back to bed before being sent for an x-ray of her ankle. It was confirmed that Susan had fractured her ankle in a number of places and required surgery to fix the fracture, this was carried out the same day and Susan remained in hospital for a further ten days following surgery.
Susan remained non-weight bearing and in a wheelchair for a total of four weeks and in plaster until June 2009. Susan commenced physiotherapy in July 2009 but continues to have difficulties walking and to have pain in her ankle, especially in cold or damp weather.
In April 2009 Susan contacted Anna Renfree, a specialist clinical negligence solicitor at Pryers Solicitors. Investigations were made into her case and expert evidence was obtained from a care expert on Susan’s mobility difficulties and care needs.
Allegations of the Defendant’s breach of their duty of care were put to the Defendant and this was admitted. Further evidence was then obtained from a Consultant Orthopaedic Surgeon regarding Susan’s current condition and prognosis. This allowed for detailed valuation of the claim and negotiations to settle commenced.
An offer to settle the case for £12,000 was made by Susan, which was rejected, but after some negotiation Susan was happy to settle the case for £11,000 plus all of her legal costs so she kept 100% of her compensation.