Medical Negligence News

Compensation for the Failure to Treat a Broken Pelvis Awarded in Court

Posted on: September 4th, 2012 by Medical Negligence

A pensioner has been awarded £35,000 compensation for the failure to treat a broken pelvis, after she developed complications and had to be moved to nursing home.

In March 2007, Lydia Eaton (102) broke her pelvis when she fell near her home in Wigmore in Kent. She was taken by ambulance to the Accident and Emergency Department of the Medway Maritime Hospital in Gillingham, but sent home with a prescription for painkillers after just eight hours.

Due to the untreated broken pelvis, Lydia´s mobility decreased and she started to develop sores and ulcers due to remaining immobile for long periods of time. Lydia´s family received no medical advice on how to deal with Lydia´s deteriorating condition, and the following month she was moved into a nursing home.

Through her daughter, Lydia claimed compensation for the failure to treat a broken pelvis – claiming that Lydia would still be able to lead an independent life were it not for the medical negligence of doctors at the Accident and Emergency Department of the Medway Maritime Hospital.

The claim for compensation for the failure to treat a broken pelvis was contested by Medway NHS Trust, and the case proceeded to the High Court, where it was heard by Mr Justice Nigel Sweeney – who was told by barristers representing Lydia that she had subsequently been moved into a more expensive nursing home, as her condition had deteriorated further.

Judge Sweeney found in favour of Lydia´s claim – commenting that her premature discharge from the Accident and Emergency had a direct influence on the deterioration of her condition. He awarded Lydia £35,000 compensation for the failure to treat a broken pelvis and said that the settlement should be kept in a trust fund to pay for Lydia´s future care.