Engineer injured in fall receives £300,000 compensation

A service engineer who fell into a garage inspection pit has received £300,000 in compensation, after doctors who treated his injuries failed to diagnose a debilitating condition.

The man, who was in his 20s at the time of the incident, had been carrying out a service on a spray paint booth at a garage when he slipped and fell into the pit, sustaining a heavy blow to his lower back.

Nigel Smith, a serious injury specialist with Fentons Solicitors LLP, said although the initial injury was painful, the only physical damage appeared to be some grazing and bruising. “My client then developed a lump in the region of the injury, and went to see his doctor,” said Nigel, an associate with the firm. “When the lump was diagnosed as an abscess and it did not go away, he was referred to hospital for tests and treatment.”

Nigel said that although his client had an operation shortly afterwards to remove the abscess, this proved unsuccessful and he had to undergo four further surgeries in the following year alone. “My client suffered from a fistula, affecting his internal organs and ability to go to the bathroom, and he was subjected to a further four surgeries over the next year. This meant that in just over two years since his accident he had a total of nine operations,” he said. “By the end of the third year, he had undergone a further three procedures and had numerous consultations, before he was referred to a colorectal surgeon who fitted an internal drain to relieve infection and carried out a permanent colostomy.”

Nigel said that his client was then diagnosed with Crohn’s Disease, a debilitating condition that affects the gastro-intestinal system – symptoms of which had been overlooked throughout his numerous prior examinations and treatments.

“During the course of those three years my client attended hospital on a number of occasions, undergoing a series of operations in respect of a perianal fistula,” said Nigel. “But it was only following his review at an outpatient clinic – more than three-and-a-half years after the initial incident – that he was ultimately referred to a specialist colorectal consultant for further investigation.

“We believe there was a failure by the defendant NHS trust to adequately consider the underlying cause of his condition in those first three years, particularly with regard failing to consider the possibility that he was in fact suffering from Crohn’s Disease,” he said. “They also failed to consider the histology results from biopsies which were taken only one year after the incident.”

Nigel explained that the case was complex and drawn out, due in part to the defendants failing to respond to the man’s claim and - despite a County Court ordering them in February 2008 to respond - they continued to fail to do so for a number of months.

“My client is now in his 40s, and this appalling ordeal has had a huge impact on every facet of his life,” said Nigel. “Not only has he been left with a permanent colostomy – which a prompt diagnosis would have avoided - but he endured continued excessive pain, suffering and loss of amenity for more than two years from the date that his underlying condition ought to have been recognised.

“His marriage, his ability to look after and play with his children, and his career have all suffered as a result of the failure to diagnose and treat this condition earlier,” said Nigel. “This was all compounded by the defendant constantly dragging their heels in discussing the issue. Even when the NHS Trust did eventually admit it had been negligent in not diagnosing his condition sooner, they still argued this would have had no affect on his current condition.”

Following lengthy negotiations, Nigel settled the claim on behalf of his client for £300,000.

"Clearly no amount of compensation can make up for what he has been through, and the ongoing problems he continues to face,” said Nigel. “But we hope this settlement will enable him and his family to look to the future without being concerned about paying for further medical treatments or services they might need.”
 

How can Fentons Solicitors help?
Fentons has a specialist department experienced in handling claims for victims of workplace accidents and medical negligence.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.