BRIAN BARBER v NORTHUMBRIA HEALTHCARE FOUNDATION TRUST
The Claimant Brian Barber, aged 75 at the material time, sought damages for injuries sustained through (a) post operative infection in a hip replacement and (b) injuries sustained as a result of a fall in a washroom post operatively on 21 February 2004.
Briefly, the Claimant, who had suffered from recurrent leg ulcers since 2000, developed a painful left hip and was advised to undergo a total hip replacement. Prior to undergoing the total hip replacement the Claimant had developed a left leg ulcer, which was treated by antibiotics.
The Claimant underwent surgery on 18 February 2004 and 3 days after the surgery he was assisted in the bathroom to wash, shave and use the toilet. The Claimant was left alone in the bathroom to carry out his own ablutions. The floor of the bathroom was wet as a result of water transfer from a shower. As the Claimant attempted to move himself backwards to seat himself upon the toilet he lost his balance and fell backwards. There was a handrail to his right hand side but no hand rail to the left hand side and the Claimant fell to his left falling between the wall and the toilet.
Subsequent to the fall it was discovered that the Claimant had suffered a fracture to the left neck of femur. He was treated conservatively.
Unfortunately the left hip replacement became infected as the hospital Trust failed to give the Claimant appropriate intravenous antibiotics immediately post surgery.
As a direct consequence of both the accident and the failure institute an adequate antibiotic regime the Claimant experienced significant infection to his hip which became chronic. The Claimant was left significantly disabled as a result of both the fall and the failure by the Trust to adequately treat the post operative infection.
The Defendants denied liability for the injuries suffered by the Claimant as a result of his fall and further denied liability for any infection and resulting pain and suffering arising from the infection in the hip following the hip replacement.
A full investigation was carried out and evidence prepared to deal with liability issues arising from the Claimant’s fall and detailed investigations were undertaken to include extensive review of medical records to address the issue of liability.
Proceedings were issued in view of the fact that liability remained in dispute. The Claimant settled his claim in the sum of £30,000 prior to a trial date being fixed.