A Background to the Medical Negligence Claim
In 1998 at the age of twenty-four, the Claimant was referred to an Orthopaedic Surgeon at the Defendant Hospital with complaint of pain in her left foot.
She was seen at the hospital by a Staff Grade Orthopaedic Surgeon on the 15th 1999. She was noted to be complaining of "trouble with her left foot, especially with the increase in size of the bunion on her left big toe."
On examination, the Surgeon noted the Claimant "had got more of a metatarsus varus than an actual bunion. The bunion is apparent and x-rays do confirm an increased metatarsus angle." The Claimant was advised that she ought to undergo a metatarsal osteotomy and divide the bunion at the same time. She was thereafter listed for this procedure.
In April 2000, the Claimant attended the hospital for surgery. Instead of performing a metatarsal osteotomy, the Defendant Surgeon confined the procedure to a bunionectomy. Unfortunately, for the Claimant, the operation failed.
As a result of the failure to carry out the osteotomy in April 2000, the Claimant required further surgery to perform this procedure which was carried out in June 2002. The second operation was complicated by the development of severe pain in the Claimant's left heel leg and leg necessitating revision surgery. The revision surgery was performed in December 2002 following which the Claimant developed a complex regional pain syndrome, the symptoms of which persisted.
The Claimant alleged that the Defendant was negligent in carrying out a bunionectomy when an osteotomy was required.
The Defendant subsequently admitted that it was negligent in this respect.
The Claimant continued to suffer from chronic symptoms of debility, spasms, sensitivity and stiffness. She suffered depression.
Detailed investigations on behalf of the Claimant could not establish a causal link between the ongoing extensive disabilities and the Defendant's negligence.
The claim was settled with the Claimant accepting the sum of £35,000 in settlement of her case.
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B. NHS TRUST
