The claimant, a 6-year-old girl, received £10,000 after the defendant hospital failed to diagnose that she was suffering from developmental dysplasia of the hip when she was examined in February 2002, although settlement was achieved without admission of liability. Following surgery, the only residual symptom was a weakness of the left abductor around the hip which caused her a small amount of difficulty in balancing on one leg.
Claimant: Female: 2 days old at date of incident; 6 years old at date of settlement.
Clinical Negligence: On February 1, 2002, the claimant (C) was born at a hospital of the defendant trust (D). Shortly after C's birth, her mother (M) was informed that C's left hip was "clicky". C was examined by a midwife in the presence of C's grandmother (G). G alleged that the midwife had grasped C's ankles and pushed her knees back towards her chest and that during the procedure a small lump had appeared on C's hip. The neonatal record stated "Rt. "clunky" hip noted at midwife initial check".
On March 27, 2003, C attended a different hospital for an unrelated investigation. The paediatrician immediately noticed that C was walking with a severe limp and that her left leg was shorter than her right leg. Upon examination, it was evident that C had asymmetric skin creases. An x-ray revealed that there was developmental dysplasia of the left hip.
C required an arthrogram and was put in traction for one week and later underwent a closed reduction.
C sustained injury and brought an action, through M, against D alleging that it had been negligent as the midwife had (i) failed to refer her as a matter of urgency to an orthopaedic surgeon or paediatrician upon considering the findings of the examination; (ii) failed to make a full written note of the examination; (iii) failed to report to C's GP that she had found that C had a dislocated hip. C alleged that, had the midwife referred her for further investigation or, alternatively, reported the findings of the examination to C's GP, C's developmental hip dysplasia would have been diagnosed during the neonatal period. C argued that she would then have been placed in a harness for between approximately six and eight weeks and, on the balance of probabilities, the hip would have developed normally without the need for further treatment.
D disputed that the midwife had undertaken the examination in the manner described by G and settlement was achieved without admission of liability.
Injuries: C suffered from a delay in diagnosis of left hip dysplasia.
Effects: C required more extensive treatment as a result of the delay in diagnosis of her condition. She remained in a plaster cast for 12 weeks but made a good recovery.
C subsequently walked with a normal gait and her only remaining injury was a slight residual weakness of the left abductor around her hip which caused her a little difficulty in balancing on her left leg. However, she was able to participate in all physical activities.
Out of Court Settlement: £10,000 total damages.
Background to damages: The settlement figure made provision for the litigation risk.
The case was settled on a global basis with no particular breakdown of damages. However, the following breakdown was estimated by claimant's solicitors:
Breakdown of General Damages: £8,000 for pain, suffering and loss of amenity.
Breakdown of Special Damages: Past miscellaneous damages including care and travel costs and M’s loss of earnings: £2,000.
Charles Utley instructed by Henmans LLP (Oxford) for the claimant. Beachcroft LLP for the defendant.
Document No. AM0201348. Reproduced by kind permission of Lawtel (www.lawtel.com)