§ PUBLISHED JUDGMENT · 2023

KJY v University College Hospital NHS Foundation Trust

[2023] EWHC 2719 (KB)·High Court (King's Bench Division)·25 July 2023

Two radiologists reporting a newborn's abdominal X-rays in October 2010 did not identify or report abnormal alignment of the hips that was visible on the films. The hip dysplasia was not diagnosed until 14 months later and the court found both radiologists in breach of duty.

Outcome

Claimant succeeded

Sum stated in judgment

Not stated

Claim type

Orthopaedic Negligence

Decided

Liability decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: University College Hospital NHS Foundation Trust · this trust’s claims data

Injury: Bilateral developmental dysplasia of the hips diagnosed 14 months late, requiring surgery

Specialty: Radiology / paediatric orthopaedics · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“Here, in the reviews of the claimant's images, none of them complied with that minimum professional standard of care.”

The money

Breach of duty only; causation and quantum not decided in this judgment

§ WHY IT MATTERS

What this case shows.

Radiologists must report any obvious abnormality visible on an X-ray, even if it is outside the reason the scan was ordered. A missed incidental finding can found a negligence claim.

About orthopaedic negligence claims →

§ MORE ORTHOPAEDIC NEGLIGENCE JUDGMENTS

Claimant succeeded£4.68M

Matthew Riley v Salford Royal NHS Foundation Trust

[2022] EWHC 2417 (KB)·2022·Damages assessed at trial

A 20-year-old motorcyclist with leg fractures developed compartment syndrome which the trust admitted it treated too late, so his right leg had to be amputated below the knee. Liability was admitted and the court assessed damages at £4,676,442 covering lifelong prosthetics, care, adapted housing and lost earnings.

Where a hospital admits that quicker treatment of compartment syndrome would have saved a limb, the case becomes about valuing lifelong needs, and prosthetics, accommodation and care can each run to six or seven figures for a young claimant.

Claimant succeeded£2.85M

Chocken v Oxford University Hospitals NHS Foundation Trust

[2020] EWHC 3269 (QB)·2020·Appeal decision

After a 10-hour facial reconstruction the claimant developed compartment syndrome in both legs in intensive care and was left with permanent damage; the trust settled 70 days before trial for a £2.85 million lump sum plus annual payments of £48,000 rising to £85,000. This later judgment dealt only with the lawyers' success fee and dismissed the claimant's appeal on that point.

Compartment syndrome arising from post-operative monitoring failures can attract multi-million-pound settlements with periodical payments for lifelong care, although this figure comes from a costs judgment rather than a damages judgment.

Claim failed

Long v Western Sussex Hospitals NHS Trust

[2016] EWHC 251 (QB)·2016·Liability decided at trial

After surgery for a broken femur at St Richard's Hospital, Chichester, the patient was discharged in April 2008 without arrangements to repeat his inflammatory-marker blood tests, and a deep infection was diagnosed later. The court found this discharge and a four-day debridement delay were breaches of duty, but there was no evidence they made his condition materially worse, so the claim was dismissed.

Discharging a patient without arranging follow-up blood tests can be a breach of duty, but compensation depends on showing the delay actually worsened the outcome.

All orthopaedic negligence judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

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