Miss W, now aged 22, sustained a fracture to her left arm following a fall. Miss W underwent surgery on her left arm at the Defendant hospital and required further surgery the following day as the metalwork used during the first surgery had not been adequately positioned. Miss W also exhibited signs of nerve damage and there was a failure to identify this at the time of either the first or second surgery.

There was therefore a delay in identifying and treating the nerve injury resulting in Miss W suffering additional pain, weakness and a loss of mobility in her hand and wrist.

The Defendant accepted that they had breached their duty of care towards Miss W in failing to identifying the nerve damage yet they maintained that there was no long-term consequences as a result. The claim was settled in the sum of £37,500.