Claimant awarded six figure settlement in amputation case

Clare Thompson, 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 they underwent at the age of 18, which resulted in a below the knee amputation.

The Claimant was born with a presumed left clubfoot in respect of which they underwent three operations including a tendo Achilles lengthening procedure before 2006. In 2015, the Claimant underwent a mid foot osteotomy and Achilles Tendon lengthening procedure. Following this procedure, the Claimant suffered from ischaemia of the forefoot and both the wiring and frame inserted during the operation were removed 2 days later. A “wait and watch” approach was adopted with most of the foot managed conservatively until it became symptomatic and was debrided in March 2016. During that procedure, the Claimant required an amputation of two toes due to developing cellulitis and gangrene.

At the end of March 2016, it was noted that the wound on the dorsum of the foot contained white slough at the centre and there appeared to be osseous tissue. Unfortunately, by April 2016 the healing of the wound had not progressed and the joint remained exposed. The Claimant underwent a further procedure including reconstruction of his foot and a skin graft at this time. Unfortunately, the Claimant’s condition continued to deteriorate and in December 2016, a below the knee amputation was required.

Clare was instructed by the Claimant to investigate a potential clinical negligence claim. Expert evidence was obtained from a Consultant Orthopaedic Surgeon and a Consultant Vascular Surgeon, both of whom were supportive of the claim.

A detailed Letter of Claim was served on the Defendant alleging that there was a failure to appropriately advise the Claimant regarding the risks of surgery and a failure to plan the surgery to mitigate the risk of occluding an artery intra-operatively, Further, the surgery performed in October 2015 was performed in a sub-standard manner and there was a failure to recognise the damage to the vessel intra-operatively. Post-operatively, there was also a failure to perform further investigations in a timely manner.

Following receipt of the Claimant’s detailed allegations, the Defendant denied breach of duty and causation in full.

The Claimant continued to investigate the claim and following negotiations at a round table meeting in June 2019, settlement was reached. The case settled for £650,000 plus costs.

The Claimant was grateful for the professionalism and efficiency with which Clare acted throughout the case.

No amount of money will ever fully compensate Clare’s client in respect of the injuries he suffered at such a young age, but the monies received will undoubtedly help to support the Claimant in the future.

If you know anybody who has suffered in a similar way, or you believe you have a potential claim, please do not hesitate to get in touch with Clare or a member of the Clinical Negligence Team on 0191 232 8345.