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October 9th 2021

Medical Negligence

Misread scan results, incorrect prescriptions and additional failings cause ongoing foot pain and a likely need for future surgery

Sam Darwin

Sam Darwin

Solicitor, Clinical Negligence

Misread scan results, incorrect prescriptions and additional failings cause ongoing foot pain and a likely need for future surgery

Misreading of x-rays, problems with prescriptions and an overall failure in diagnosis of our client’s bone infection have caused ongoing chronic pain and a likely need for further future surgery.

Misreading of x-rays, problems with prescriptions and an overall failure in diagnosis of our client’s bone infection have caused ongoing chronic pain and a likely need for further future surgery.

Whilst attending Barnsley Hospital with severe pain in his foot, our 48-year-old client suffered a delay in diagnosing osteomyelitis, an infection that can cause pain in bones.

The hospital trust failed to consider that our client’s problems were caused by an infection, and the pain was initially attributed to general inflammation.

There were a catalogue of errors throughout our client’s treatment which included concerns around the radiological imaging of the foot and the medication that he was prescribed.

Collectively, the failure to diagnose the infection, alongside problems with the interpretation of our client’s scan results delayed our client receiving treatment.

As a result of the negligent care, treatment in managing the bone infection in his foot and ankle was delayed significantly. He has now been left with chronic osteomyelitis which is responsible for ongoing pain in both his foot and ankle.

Our client now takes antibiotics on a daily basis and continues to struggle with day to day tasks, affecting both work and home life.

Further surgery to fuse bones in the foot is now also likely in the future..

Learnings

Hudgell Solicitors clinical negligence solicitor Sam Darwin represented our client in this case and says lessons must be learned:

“This was a particularly disappointing case of negligence that from the outset could and should have been avoided.

“The errors made have caused our client ongoing pain, issues with day to day living and a sustained period of time taking medication he simply should not have been prescribed.

“It’s now so important to learn from these errors so others don’t have to go through the same thing”.

The Legal Case

When discussing how the legal case progressed, Sam went on to share:

“It was important here that our client did not lose heart during the process of bringing this matter to a successful close.

“We fought together throughout a lengthy process to achieve the right outcome for our client and his strength and resilience was commendable.

“Whilst he has been able to continue at work (albeit in a slightly different role), his main concern was getting financial security for the future in case the problems with his foot deteriorated and he was unable to work.

“I am pleased that the compensation we have been able to secure has now brought about the security that he sought.”

Sam Darwin instructed numerous experts on our client’s behalf and secured a settlement in his case.
Negotiations took place between Sam and the defendant’s legal team at a joint settlement meeting which was organised with the goal of reaching an agreement on damages.

Whilst settlement was not achieved at that meeting, the issues were narrowed, and the matter settled shortly thereafter.

The case was settled in the months running up to trial and a court hearing avoided.

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