We pursued a delayed diagnosis
claim for Patrick, who suffered a fracture during a
football game and subsequently developed compartment syndrome,
which if not diagnosed early enough can have catastrophic
consequences. By the time that compartment syndrome was diagnosed
and treated, Patrick's leg had become infected and had to be
amputated below the knee. The defendants admitted liability and
Patrick received £225,000 compensation.
Patrick was a goalkeeper in a football match and was
injured in a tackle with the opponent’s striker. He was taken
to the Wrexham Park Hospital at about 5pm on 31 October
1998. He had suffered a comminuted fracture of the left fibula
and tibula. He was x-rayed and admitted to hospital for
inter-medullary nailing the following day.
On the 1 November, surgery took place to stabilise
the fractures. After the surgery Patrick remained in
significant pain, which was difficult to control even with
pethidine. Movement in his toes was minimal and the pain in
the left leg continued to be excruciating. He was seen frequently
by the nursing staff, but only on rare occasions by the clinical
staff.
On the 5 November, he was seen by a group of
doctors who immediately decided to take Patrick to theatre to
investigate the pain and in particular the pressure in his lower
left leg.
These tests revealed that Patrick was suffering
from compartment syndrome. This is a condition, which results
from the compression of the muscles and nerves that lie within the
facial compartment. If the pressure is sustained too long, the
muscle is damaged beyond repair and usually becomes
infected. It is extremely important to make an early diagnoses
so that the pressure can be released. Such treatment usually
results in a good recovery.
Sadly, Patrick's leg did become infected
and despite further treatment at the Royal London Hospital and
the Southampton General Hospital. his left leg had to be
amputated below the knee.
An early diagnosis was crucial and our expert
evidence confirmed that Patrick was probably suffering compartment
syndrome soon after he was admitted to hospital. The
signs were detectible had the proper examinations taken place early
in the admission.
Our evidence also indicated that although the
admitting registrar had noted the risks of compartment
syndrome, this was not followed up by the other clinical and
nursing staff.
It should have been obvious that the increased
pain not covered by analgesics, the restriction in movement, the
pins and needles on the ball of his foot and reducing sensation
including a numb bottom part of the left leg meant that compartment
syndrome was most likely.
Our experts confirmed that had the diagnosis been
made the pressure would have been released and Patrick's leg would
not have become infected and he would not have required to
amputation.
Paul McNeil was
instructed by Patrick and liability was admitted by the
defendant.
After considerable negotiation and offers on both
sides, the action was finally settled in December 2000 in the sum
of £225,000 plus costs.
The settlement comprised of general
damages of £55,000 with special damages to date in the region
of £20,000. Much of the remaining sum was for the cost of future
prostheseses. The case was funded by legal expense insurance.
For further information or if you have a delayed diagnosis compensation claim call
Paul McNeil on 020 7861
4019 or email paul.mcneil@ffw.com
You can discuss your delayed diagnosis claim with any member of our
medical negligence
team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.