Helen Morland, Partner in our Clinical Negligence team at Hay & Kilner, has acted on behalf of a claimant who received substandard treatment from a hospital in relation to orthopaedic surgery to his right ankle. It was alleged that not only had the surgery been performed negligently, but that the hospital failed to obtain preoperative consent.

History
The Claimant was referred to hospital for investigations into ongoing right ankle pain and was diagnosed with osteoarthritis. The surgeon discussed the pros and cons of various surgeries and upon the surgeon’s advice, the claimant opted for right tibial osteotomy. The intended benefits were to correct the acute ankle deformity, improve mobility and reduce pain.

Following surgery, the claimant developed increased pain in his ankle and transferred pain to his shin which was debilitating. The pain limited his mobility which prevented him from playing football and subsequently led to his resignation from his full-time employment as a salesperson. Although he was able to secure more sedentary work, his income was less lucrative, and he sought to bring a future loss of earnings claim. Sadly, the Claimant also suffered from ongoing depression.

Helen was instructed by the Claimant to investigate a potential clinical negligence claim. Expert evidence was obtained from a Consultant Orthopaedic Surgeon which was supportive of the claim. Expert evidence was also obtained from a Consultant Psychiatrist as the claimant suffered from depression due to pain and its impact on the quality of his life.

A detailed Letter of Claim was served on the Defendant alleging that the osteotomy was performed in a negligent manner and was substandard in that the procedure had not changed the alignment of the ankle joint under the tibia; and was negligently performed below the deformity of the tibial shaft. Further, in failing to explain to the Claimant that there were two deformities in the tibia and that it would be impossible to accurately realign the tibia by a single osteotomy and improve his pain, the defendant failed to obtain pre-operative consent.

Following receipt of the Claimant’s detailed allegations, the Defendant made admissions of liability. Following negotiation, a six-figure settlement was reached, and the Defendant also provided a Letter of Apology.

Helen comments “I am delighted to have reached settlement in this case where substandard orthopaedic surgery resulted in significant pain and resignation from a much-loved job. The compensation received will help rebuild my client’s life and provide security for their future. "

If you need any advice regarding clinical negligence, please do not hesitate to get in touch, or contact Helen Morland.