£1.2 Million Compensation Secured After Delayed Diagnosis Results in Amputation

Case overview 

After experiencing persistent left leg pain for 10 days, our client sought help from an out-of-hours service and was diagnosed with an Achilles tendon rupture. Over the following days, he continued to seek medical help due to worsening symptoms, including increased pain and difficulty walking. A referral to rule out Deep Vein Thrombosis (DVT) was made, and although an initial Doppler scan showed no DVT, a later MRI suggested possible vascular issues and recommended a vascular assessment. 

Over three weeks later, our client attended a follow-up appointment, at which point he presented with toe discolouration, pain when walking, and he could only walk for 30 yards. Our client was told that he probably had chronic ischaemia and recommended that he seek a vascular review with his GP.  

Six days later, after calling 111, he was rushed to hospital by ambulance. CT angiograms were performed, which showed restricted blood flow in his leg. Over the next two months, our client was admitted to hospital to undergo treatment, including thrombolysis to try and open the blocked artery.  

Despite attempts at treatment, our client was diagnosed with limb threatening ischaemia and had to undergo a below-knee amputation.  

Admitted failings in care  

Our client was represented by Associate Solicitor, Georgina Tither  

The defendant admitted there was a failure to arrange a vascular assessment following the MRI scan report. A further admission was made that it was inappropriate to advise our client to contact his GP for an outpatient referral and that an urgent vascular assessment should have been arranged.  

In terms of causation, the defendant denied that the negligence had led to the amputation – stating that even if our client had been diagnosed with acute left leg ischaemia, treatment would have failed in any event and an amputation would have been unavoidable.  

We argued that, had negligence not occurred, thrombolysis treatment would have been successful, and an amputation would have been avoided.  

Impact  

As a result of clinical negligence, our client had to undergo a below-knee amputation of his right leg. He experienced phantom limb pain, fatigue, an altered gait, and it took a considerable length of time for him to regain his quality of life following the amputation.  

Although symptoms did improve, our client was left with lasting effects such as stump nerve pain, stump scar pain, lower back pain, pain in his right hip, as well as pain in his knees. The negligence not only affected our client physically, but it also negatively impacted his self-esteem, and he suffered with depression. Our client also needed two additional revision surgeries, which would have been avoided if negligence hadn’t occurred.  

Case outcome  

Whilst the parties remained in dispute, we successfully managed to resolve the case through an out-of-court settlement, with our client receiving £1,200,000 in compensation. This settlement provides long-term financial security and will enable the client to access advanced prosthetics, ongoing treatment and therapy, and suitable accommodation tailored to his needs. 

Georgina Tither comment: 

“This was a long-standing case where liability was initially denied in full. We managed to obtain some further admissions during the life of the case and the defendant accepted that their defence was at risk. We had very thorough and supportive expert evidence which assisted in bringing this case to a successful conclusion.  

Persistency and perseverance can be key when dealing with these cases and I am very pleased we were able to seek such a valuable settlement in light of the defendant’s initial position.”