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£20,000 Damages For Diabetic Patient For Failure to Diagnose Charcot Arthropathy

06 October 2015

A diabetic patient has received £20,000 in damages after doctors failed to identify Charcot changes following an injury to his left foot.

Slater and Gordon Solicitor: A Clinical Negligence Solicitor at Slater and Gordon Lawyers in London. She is also a qualified nurse and midwife.

Settlement Value: £20,000

What Happened: Slater and Gordon were instructed to pursue a claim for clinical negligence for the failure to diagnose Charcot arthropathy and immobilise the foot of a diabetic patient.

The client was a 37 year-old diabetic known to the hospital. He suffered an injury to his left foot when his foot slipped off the tread pedal of a truck he was examining and landed hard on the ground.

He did not feel the pain as he suffered from peripheral neuropathy. Although he underwent an x-ray, which showed the Charcot changes, they were not identified. Instead, the x-ray was reported as showing degenerative changes which were very unusual for someone as young as the client.

The client’s foot was not immobilised until more than a month later, by which time he needed surgery for a Lisfranc fracture. Although the surgery stabilised his foot for a period he went on to contract a deep infection from an ingrowing toenail which unfortunately required a below-knee amputation of his left leg.

How Slater and Gordon Helped: Liability was denied. Proceedings were issued and served. As the case progressed, the defendant made a low Part 36 offer. Negotiations continued and the client finally accepted an increased offer.

Impact: The client's right leg had to be amputated prior to the amputation of his left leg. As the amputation of his right leg was not due to negligence, it made the quantification of the claim for the loss of his left leg that much more difficult.

Decision: An offer of £20,000 was accepted by the client after protracted negotiations.

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