Failure to diagnose tendon injury leading to lasting impairment

Background

Irvings Law have successfully secured compensation for a woman (‘ND’) who suffered a significant tendon injury to her right index finger which was not diagnosed at the time of her initial attendance at hospital, resulting in a delay in treatment and ongoing functional difficulties.

On 9th July 2023, ND sustained a cut to her right index finger when a glass bottle broke in her hand whilst she was washing up. She attended A&E at Hinchingbrooke Hospital for treatment. ND was assessed by an Emergency Department clinician who failed to diagnose that she had suffered a tendon injury.

On 3rd August 2023, ND returned to A&E at Hinchingbrooke Hospital for a review of her finger. Although her wound had healed, she reported that she was unable to move her right index finger. An x-ray was carried out which did not identify any foreign body, however a tendon injury was suspected at this stage. ND was advised that she would be referred to the Fracture Clinic and was discharged home.

On 11th August 2023, ND was reviewed by a Consultant Orthopaedic Surgeon who noted a “pointing” index finger and stiffness in the joints. She was diagnosed with a Flexor Digitorum Profundus (‘FDP’) tendon laceration to her dominant right index finger and advised that surgical repair was required.

On 24th August 2023, ND underwent surgical repair of her FDP and FDS tendons at Peterborough City Hospital.

Following the procedure, her arm was placed in a cast and she was discharged with pain relief and follow-up arrangements. She was advised that recovery would take approximately ten to twelve weeks and was referred for urgent hand therapy. ND subsequently underwent a course of hand therapy and rehabilitation. Despite making some progress, she continued to experience difficulty bending the tip of her finger.

At a follow-up appointment on 7th November 2023, it was noted that whilst she had regained strength, she had ongoing functional limitation and significant scarring. Further surgical intervention was discussed but carried risks, and continued therapy was recommended.

Representation

ND instructed Hannah Winearls to pursue a medical negligence claim against North West Anglia NHS Foundation Trust arising from the failure to diagnose her tendon injury at her initial attendance on 9th July 2023.

It was the Claimant’s case that the Defendant Trust breached its duty of care as follows:

• Failure to adequately assess and examine ND’s injury at her initial A&E attendance.
• Failure to diagnose a flexor tendon injury.
• Failure to refer ND for urgent specialist assessment and treatment.
• Failure to provide appropriate and timely treatment, resulting in a delay in surgical repair.

Expert evidence was obtained from an A&E Consultant and a Consultant Hand Surgeon in support of the claim.

In a Letter of Response dated 15th May 2025, the Defendant Trust admitted liability. They accepted that there had been a failure to diagnose the tendon injury at the initial attendance and that, had the injury been identified, ND would have been referred for specialist assessment within days and undergone surgical repair within approximately ten days of the incident.

The Defendant further admitted that, on the balance of probabilities, ND would have achieved a better functional outcome with earlier treatment, although they disputed the extent of that improvement.

Following negotiations between the parties, the claim was settled on 23rd March 2026, with ND accepting an offer of settlement in the sum of £16,000.

Client Feedback

“Hannah Winearls was always professional, prompt and helpful. She always had time to explain things to me and used clear communication throughout. I would highly recommend her and the company to people that I know who need a solicitor.”

Can I Start a Medical Negligence Claim?

If you or someone you know has suffered medical negligence similar to ND’s, such as a failure to diagnose and treat a tendon injury, then please get in touch with one of our specialist medical negligence solicitors today.

lrvings Law are specialists in handling medical negligence claims and are committed to securing financial compensation for victims of medical negligence.

We act on a ‘No Win, No fee’ basis. If your claim is successful, the costs will be paid by the Defendant. If the claim is not successful, the costs will be written off and you do not have to pay anything.

Contact us today for a no obligation and confidential chat on 0151 475 1999 or Clin.Neg@irvingslaw.com to see how we can help you.