We secured a six-figure settlement for our client, Joan*, after medical negligence led to the avoidable amputation of her great toe.
What happened to Joan?
Joan had an osteotomy (a bone-cutting procedure to realign and reshape the bone and joint) to correct her left big toe.
She was discharged from the hospital the same day without antibiotics. A few weeks later, Joan attended a review with an orthopaedic registrar, where her wounds were reviewed. They noted the wounds to be "clean, dry and well healed." Her stitches were removed.
However, about a week after the stitches were removed, Joan started to experience extreme pain in her toe. Joan had an appointment with a nurse at her GP surgery a month after the procedure. She told the nurse about her pain and that she found it hard to bear weight on her left foot.
The nurse took a wound swab and sent it to the laboratory for microbiology testing. Joan's pain became steadily worse, and her toe was inflamed and hot to the touch.
The swab results came back, advising Joan should be prescribed antibiotics. However, the GPs at her surgery took no further action, allowing the infection to progress and Joan's condition to deteriorate.
Joan was eventually referred for a second surgery, but this was too late to save her toe as the infection had been left untreated for so long. Two months after her initial surgery, Joan was told that her infection hadn't gone away and the only way to ensure it would be removed would be to amputate her great toe.
How has this impacted Joan’s life?
A few weeks after the amputation, the pain in Joan's foot increased even more as she struggled to walk on her left foot
She finds it very difficult to wear normal footwear and struggles to find the right shoe size.
Joan now walks with a limp and needs a walking stick to mobilise herself. She finds it difficult to balance due to the loss of her great toe. She needed physiotherapy for a year, although she didn't feel much benefit from these sessions.
Joan has been left with severe and constant pain in her left foot. The area around the amputation is also very sensitive and she has developed nerve damage.
How did Irwin Mitchell’s medical negligence solicitors help Joan?
Joan contacted our medical negligence team in the hope of securing compensation for the negligent care she'd received.
We began by obtaining a complete set of her medical records, along with the opinions of independent medical experts to support Joan's claim. We secured expert evidence from:
- A GP
- A nurse
- An orthopaedic surgeon
- A microbiologist.
We brought the claim against two separate GPs who were responsible for the medical negligence. Both denied responsibility, leaving us with no choice but to initiate court proceedings.
We exchanged factual witness evidence and also brought in a liability expert, who was able to give evidence that the GPs’ negligence was responsible for Joan’s amputation.
A six-figure settlement
We were able to settle Joan’s claim for a six-figure settlement after both GPs accepted a settlement offer. This came after an initial joint settlement meeting failed to bear results.
This compensation has given Joan the vital funds she needs to continue therapy and improve her quality of life. Joan will also need to retire from her job earlier than intended due to her injury, so the compensation will help to give her the financial security she needs for the future.
Expert comment
Joan’s claim was handled by Toni Maini, a medical negligence solicitor, who commented: “I was thrilled to secure a six-figure settlement for Joan in a lengthy and complex claim. This outcome will fund vital therapies, aids, and equipment that will significantly enhance her quality of life.”
*Client’s name has been changed
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