Ms F wins claim against orthopaedic surgeon with the help from Osborne Morris & Morgan

Ms F’s claim was for injuries she suffered as a result of cosmetic orthopaedic surgery to lengthen her legs. She approached OMM’s clinical negligence team to represent her in 2019.

Background and about the procedure

In 2016 after negotiating an exit settlement with her investment bank employer, Ms F, decided to undergo surgery with aim to make her taller. This was something she had wanted to achieve since she was 14yrs old. Her aim was to gain 6-7 centimetres in height.

After considerable research Ms F contacted the Defendant who completed her leg lengthening surgery on both femurs. The procedure involves the removal of bone marrow by a technique called reaming, cutting across the femur and the insertion of a lengthening nail. The nail is lengthened by the patient undertaking a specific manoeuvre which activates a rachet system within the nail and causes it to ‘click’ and extend. The gap created in the femur is then replaced with regenerate which forms new bone.

About the claim

Ms F’s surgery went wrong in both femurs. She alleged that the nails used were too large and the reaming was excessive in order to accommodate them thereby weakening the outer layer of bone making it more susceptible to fracture. Also, that the initial gap created in the femurs was too great which compromised the regeneration of bone which is key to the lengthening process.

The Defendant argued that Ms F had been dishonest when being assessed as to her suitability for the procedure by lying about her previous psychiatric history; not complying with the surgeon’s instructions and that she had deliberately over lengthened her right femur.

After five years of litigation the matter was tried at The Royal Courts of Justice in July 2024. On day six of the trial after all of the evidence had been heard, the case was settled in for a significant sum of damages and Ms F’s costs. The Defendant made no admissions of liability.

David Turner, a member of our Litigation department, made the following statement:

“I am delighted with the outcome OMM achieved for Elaine. There were features of this case which presented significant hurdles to overcome during the litigation. The case was highly important to both of the parties involved and was understandably hard fought. I was greatly assisted by Elaine’s attentiveness to detail in her instructions and her compliance with advice.”

“It was unfortunate that the matter progressed to trial and a relief when the matter settled on day six of the trial. Richard baker KC was exceptional in his presentation of Elaine’s case and her experts, Mr Matija Krkovic and Dr  Laurence Mynors-Wallace, were consistent in their opinions throughout the preparation of the case and in their evidence at trial.”

Ms F also commented:

“I am grateful to have worked with David Turner and team over 5 years. He has kept me informed every step of the way. The interactions were supportive especially when I was often traumatised by interactions with the Defendant’s lawyers.

I would also commend David for tolerating my non-stop emails on evidence. David has shown so much empathy and patience which is exactly what a person in my situation needed most. And not forgetting the competence, picking all the right (and exceptional) experts and Barrister and sensitively to my PTSD when disseminating news to me.

I believe he exercised a lot of discretion so as not to traumatise me at my lowest points and for this I am grateful. I would say I got so lucky to have been accepted by David and OMM. I would trust this team with my life as I know they always have my best interests at all times. So I cannot be more thankful and do count my blessings.”

OMM were pleased to provide Ms F with all the advice and support she needed.

How we can help

The Medical Negligence team at Osborne Morris & Morgan are nationally recognised as dedicated experts in this field of law. Whatever your situation, our team of Medical Negligence specialists will support you through every step of your Medical Negligence claim.

Please get in touch with us by calling 01525 378177 or email info@ommlaw.co.uk.