Bill Braithwaite KC and Dr Kevin Naylor secure £2.5 million settlement for 61-year-old claimant

January 26, 2024

Bill Braithwaite KC and Dr Kevin Naylor from Exchange Chambers have secured a settlement of £2.5 million for a 61-year-old Claimant.

The claim concerned treatment received on post-op day 1 following internal fixation (DHS) of a hip fracture. Following a cursory and inadequate assessment by a physiotherapist and occupational therapist, the Claimant was allowed to independently mobilise and stand by a sink to shave. He fell sustaining a skull fracture and brain injury. Nine months later, as a consequence of the brain injury, he suffered a seizure causing a further fall.  As a consequence of that second fall, the Claimant suffered multiple injuries including bilateral humeral fractures, T6 fracture, bilateral acetabular fractures, left neck of femur fracture, avulsion fracture of the right lesser trochanter and a hematoma behind the bladder. The Claimant had severe untreated osteoporosis which explains the multiple fractures and it also explains his initial presentation with a hip fracture following minimal trauma.

The claim settled following a JSM and the settlement has recently been approved by the High Court.