NHS Trust admits liability following delayed diagnosis that led to above-knee amputation 

Our medical negligence team secured a full admission of liability for Julie*, who underwent an above-knee amputation after repeated opportunities to diagnose and treat serious vascular disease were missed.

 

*Real name not used 

What happened to Julie? 

In August 2020, Julie, then aged 61, began experiencing severe pain in her left foot and calf. Over the following weeks, her symptoms worsened significantly. She repeatedly sought medical advice and attended appointments with several healthcare professionals.

Despite reporting symptoms consistent with chronic limb-threatening ischaemia (CLTI), including pain, swelling, numbness, coldness in her foot and difficulty walking, the Trust failed to properly investigate and treat her condition.

It was not until October 2020 that tests identified a blockage in the popliteal artery behind her knee. Despite her escalating symptoms, she was given medication and discharged.

She returned to A&E a couple of weeks later, in November 2020. The pain was now so severe that she was struggling to hold weight on her left leg, which was mottled and cold.

Further imaging tests revealed extensive vascular disease and blocked blood vessels affecting the blood supply to her leg. Julie's condition rapidly declined and she was transferred to another hospital.

Despite efforts to save her leg, she developed severe complications and underwent an above-knee amputation in November 2020. Following surgery, she spent several weeks in intensive care, where her stump got infected and she faced a lengthy rehabilitation process.

The impact on her life

Julie continues to live with the physical and psychological consequences of losing her leg and there have been significant changes to her independence and daily life.

She couldn’t use prosthetics, so is dependent on a wheelchair, and has ongoing phantom limb pain which disturbs her sleep.

Her home has needed extensive adaptation to fit her wheelchair and ensure she can still use her kitchen and bathroom. 

How Irwin Mitchell helped Julie

Julie contacted our medical negligence team to investigate whether her treatment had fallen below an acceptable standard.

Our investigation included:

  • Obtaining Julie’s medical records
  • Instructing independent medical experts
  • Attending conference with counsel
  • Sending a Letter of Claim and draft Particulars of Claim.

The evidence concluded that there had been multiple missed opportunities to identify and appropriately manage chronic limb-threatening ischaemia, which was the underlying condition that led to the amputation.

With earlier diagnosis and appropriate treatment, Julie probably wouldn’t have lost her leg or, at the very least, the extent of the tissue damage and thereby the extent of the amputation may have been lessened.

Following our investigations, the NHS Trust admitted liability. The case is now being quantified, however, following the admission of liability, Julie has instructed a case manager to assist her in obtaining the support and rehabilitation she needs, which is being funding through agreed interim payments of compensation.

The interim funds received will meaningfully improve Julie’s quality of life, allowing her access to the vital therapy, equipment, aids and care that she needs, while we work on quantifying and concluding the case.

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Expert comments

Laura Barlow, a specialist Legal Director who worked on Julie’s case, said:  

“Julie's case highlights the devastating consequences that can arise when serious conditions are not recognised and treated promptly.

 

“The loss of a limb has affected every aspect of her life, from her mobility and independence to her emotional wellbeing.

  

“We are now supporting her in accessing the resources and long-term rehabilitation she will need for the future.”

Alice Hall, a Solicitor who also worked on the case added:  

“Julie’s patience and determination were instrumental in helping our investigation, and we'd like to thank her for placing her trust in us.

 

“While no amount of compensation can undo what happened, we were pleased to secure an admission of liability and help Julie obtain answers about her care.”

Living with life-changing injuries

An amputation can have a profound impact on every aspect of a person's life. As well as physical challenges, many people face ongoing psychological, financial and practical difficulties.

Through our medical negligence team and our wider Support and Rehabilitation Coordinators, we work to help clients access the therapies, equipment and specialist support they need to rebuild their lives after a serious injury.

To find out more about how we can help, contact our medical negligence team today.

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