A man who fell off an e-scooter has settled his medical negligence claim against the defendant NHS trust after a delay in diagnosing his thumb injury left him needing fusion surgery and caused ongoing problems.
Timeline of events
Simon – who was in his early 40s at the time – went to A&E in early 2023 after falling from his e-scooter and injuring his left thumb. Doctors initially suspected a base of thumb fracture. Due to swelling, a half cast was applied and Simon was referred to orthopaedics.
Further reviews raised concern about a possible scaphoid fracture. He was managed conservatively with a back slab and later a scaphoid cast.
Four months later, a CT scan showed the real injury – a fracture at the base of the thumb with joint involvement and early signs of wear. This was a Bennett’s fracture, not a scaphoid fracture. He was referred to a hand surgery specialist.
At the clinic, doctors noted his persistent pain and reduced function. A steroid injection was attempted, but when this failed, Simon underwent fusion surgery of the carpometacarpal joint in later 2023. He then required a further period of immobilisation and recovery.
Because of the delay in diagnosis and incorrect treatment, Simon endured nine months of unnecessary pain and reduced hand function, as well as a 5cm surgical scar, altered sensation, reduced grip strength and lasting stiffness in his left (non-dominant) hand. He also suffered psychological harm, including anxiety, fear of re-injury and a loss of trust in medical professionals.
Looking forward, Simon will need further surgery to remove the plate in his thumb and faces a 30% risk of developing degenerative changes in the joint over the next decade, which could require additional operations.
How we supported Simon with his misdiagnosis claim
The defendant trust admitted full liability for the negligent delay in diagnosis at the earliest opportunity. With our support, Simon’s case was resolved without the need to issue court proceedings, avoiding the need for a trial and recognising the impact the trust’s failings have had on his life.
A note from Ikhira Thandi
“This case shows how damaging a delayed and incorrect diagnosis can be. What began as a straightforward injury developed into a long-term condition requiring more extensive surgery, leaving Simon with lasting pain and reduced function. We are pleased to have helped him achieve a settlement that reflects the avoidable harm he suffered.”
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