A&E Medical Negligence - Achilles Tendon Injury

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Georgina Emsley

Solicitor, Medical Negligence

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A Medical Negligence Claim Case Study - Client Situation

Our client fell off a ladder and there was a delay in diagnosing his Achilles tendon injury due to medical negligence. There was then a further delay in correcting the damage, which is when he reached out to our team for help in claiming compensation.

When our client went to the hospital following the fall with the pain from the injury, they failed to correctly diagnose his Achilles tendon Injury.

Our client was not given any treatment when he presented to hospital initially, which is why he was of the opinion that the delay in diagnosing his injury resulted in the need for further surgery. He had a prolonged period of rehabilitation and had to attend several outpatient appointments at the hospital.

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How We Helped

After accepting instructions for this A&E Negligence claim, we commenced our investigations by obtaining a copy of the client’s medical records. We subsequently instructed an expert in emergency medicine and foot and ankle surgery to review the records and prepare a report dealing with whether the care provided in A&E was of an reasonable standard.

The medical expert was of the opinion that the care provided had fallen below a reasonable standard (negligent) and that it had resulted in the ‘death’ of the Achilles tendon due to a lack of blood supply to it. It was found to be too short to repair. This meant that a replacement tendon had to be taken from another part of our client’s body.

Once negligence had been established, our Medical Negligence Solicitors sent a Letter of Claim to the NHS Hospital Trust setting out the allegations of negligence, what injuries our client had sustained and the financial losses that had been suffered as a result of the negligence and subsequent sequalae.

Initially, the Hospital Trust responded by denying liability. After further communication and negotiations with the Trust, an agreement was reached as to which aspects of the treatment provided had been negligent, without a need to commence Court proceedings.

The Outcome

Our client was awarded damages of around £20,000.00 in compensation for the pain and suffering he endured, as well as to reflect the cost of his additional care and assistance needs. The compensation agreed was in respect of the fact that but for the negligence (and if injury had been diagnosed within 6 weeks) the Achilles tendon would have been repaired without the need for tendon graft.

The invasive surgery and prolonged period of recovery could have been avoided. Our client was a keen vintage motorcyclist and he lost enjoyment of this due to reduced range of movement and power in his ankle following the injury and subsequent interventions. We wish him well with his recovery, and hope that this compensation can be put towards aiding him back to full health.

Contact Us 

The value awarded in respect of General damages for clinical negligence depends on the type of negligence you've experienced, the severity of your injury and the time taken to fully recover. NHS compensation payouts in 2021/22 amounted to £2.6 billion, and out of all claims brought, 99% resulted in compensation.

Taking the first step to bring a claim may seem daunting and/or challenging, but we assure you that our knowledgeable medical negligence solicitors are here to guide and support you throughout the process. 

By working with our legal experts that have extensive experience in handling cases involving medical negligence, you can feel confident in moving forward with your claim. Call us on 0808 239 6043 to see how we can help you.

References:

Mayo Clinic. (n.d.). Achilles Tendon Rupture: Symptoms & Causes. [Online] Available at: https://www.mayoclinic.org/diseases-conditions/achilles-tendon-rupture/symptoms-causes/syc-20353234

Simpson Millar. (n.d.). Medical Negligence Solicitors. [Online] Available at: https://www.simpsonmillar.co.uk/medical-negligence-solicitors/

NHS Resolution. (2022, July 20). NHS Resolution Continues to Drive Down Litigation: Annual Report and Accounts Published for 2021/22. [Online] Available at: https://resolution.nhs.uk/2022/07/20/nhs-resolution-continues-to-drive-down-litigation-annual-report-and-accounts-published-for-2021-22/

Georgina Emsley

Solicitor, Medical Negligence

Areas of Expertise:
Medical Negligence

Georgina is a Solicitor who works in our Medical Negligence team here at Simpson Millar, based in our Manchester office.

She is a committed and highly reliable Solicitor with a track record of supporting clients through the process of making a claim to achieve the best outcome for them. Georgina has experience working on many high-value cases with a range of circumstances and complexities from start to finish, where she reviews medical records, liaises with experts and gathers evidence in order to negotiate the best possible settlement for her clients.

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