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Claimant receives £60, 000 after Doctor fails to identify fracture

17 November 2009

In a recent clinical negligence case settled by our expert solicitors, the Claimant was a 26 year old man who was injured in a road traffic accident. He was admitted to a hospital where a fractured knee was diagnosed. X-rays were also taken of his ankle but a fracture to his talus (a bone in his foot below the ankle) was missed. His knee was immobilised in plaster but his ankle was not. Further x-rays were taken two months after the accident had occurred but the fracture was once again missed. The Claimant's knee eventually recovered but the pain in his ankle prevented him from returning to work. After another two months an MRI scan was done. It was later reported that the reason for his pain was because he had sustained a fracture to his talus. Our Claimant did not see his surgeon until a couple of months after his injury had become apparent. A review of the earlier x-rays suggested that the fracture should have been visible from the outset. At the stage where the fractured talus was diagnosed, it became clear that our claimant required further surgery and within a few years need to have his ankle fused (arthrodesis), due to the negligence of his injury. Expert reports were exchanged by Orthopaedic Surgeons and Radiologists and the Defendants admitted negligently failing to diagnose a fractured talus. Shortly before the trial our clinical negligence claims solicitors settled the case by negotiation, where our claimant accepted damages of £60,000 due to our expert solicitors.