Man wins £45,000 compensation following failed operation

Posted: May 26, 2014

Posted in: Hand Injuries Medical Negligence NHS Claims 

A man has been awarded with £45,000 in compensation following a failed operation at James Cook University Hospital. 70-year-old Malcolm Atkinson suffered with a debilitating finger condition, which was left considerably worse after going under the knife. The condition Mr Atkinson suffered with was Dupuytren’s contracture, a condition that causes the fingers to bend inwards into the palm of the hand. 

Since the operation, Mr Atkinson has been left with a permanently disabled left hand. It was heard at court that the failed operation ‘inadvertently’ damaged the nerves in the hand, causing permanent disability. Having taken his claim to the high court earlier this month, the judge ruled that a guaranteed payout would be granted as his disability was a result of medical negligence. Mr Justice Stewart said: “It is unfortunately the case that the ulnar digital nerve is vulnerable to division in Dupuytrens’ resection”.

Should have recognised the problem

It was heard in court that the surgeon should have recognised the problem at the time of division, as this would have resulted in a successful operation and Mr Atkinson still having the use of his left hand.

Mr Atkinson received £45,000 in compensation and the South Tees NHS Foundation Trust was ordered to pay his legal costs. A spokesperson from the trust said “We accept the court’s ruling and … we wish him and his family, well for the future.”

If you have been affected by medical negligence, and are looking to claim compensation, please contact us. 

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