A young man injured his left arm whilst playing rugby. He then noticed his elbow was becoming sensitive to knocks. He was referred to an orthopaedic surgeon who advised that he needed a to undergo an ulnar nerve transposition operation. He was not advised of the risk of possible nerve damage at the time of the operation.
Following his operation, he immediately noticed that two of his fingers were numb, but he was discharged. He remained in pain and attended hospital where he was advised he had a haematoma or bruising. This was drained.
He continued to experience numbness in his fingers, up the side of his arm, and in his elbow. This affected his ability to work and to play sports.
The ulnar nerve transposition was performed negligently in allowing damage to the ulnar nerve to be caused. He had not been warned that this could happen.
A claim was made and court proceedings were issued and served. The defendants admitted liability. Negotiations took place and the claim eventually settled for damages of £12,000.