Diabetic Awarded Compensation Due To Negligent Treatment
The Claimant Kevin Hardcastle claimed damages against the Royal County Hospital, Winchester for clinical negligence in relation to treatment he received from July 2003 onwards. Mr Hardcastle had been a long standing insulin dependent diabetic and following a fracture of his right ankle in July 2003 he developed a relatively rare Charcot right ankle joint which caused long term disability and pain despite surgery.
The allegations of negligence against the Trust were essentially that had the Trust appropriately treated the right ankle fracture by a prolonged immobilisation in plaster and regular monitoring by way of x-rays, Kevin Hardcastle would have made a comparatively good recovery and would have avoided, certainly in the short to medium term, serious disability to his right ankle.
The Trust denied liability and proceedings were issued.
The Trust maintained that Kevin was treated appropriately for a diabetic. They denied that the Claimant’s right ankle should have been immobilised in a plaster case for a prolonged period and that he should have had regular radiographic reviews. Furthermore, the Trust maintained that Kevin developed the Charcot right ankle as a result of his long standing diabetic condition rather than any negligence on behalf of the Trust.
Moore Blatch Solicitors
The case was conducted by Victoria Hydon, Partner in Moore Blatch Solicitors who instructed expert, Mr Warwick Radford for the Claimant. Mr Henry an eminent orthopaedic surgeon was instructed for the Defendant. Both experts were unable to come to a joint agreement as to the appropriate treatment of Mr Hardcastle.
The case was listed for a 3 day trial in Winchester County Court before his Honor Judge Hughes commencing 6 July.
One and a half weeks prior to the trial date the claim was settled for a sum of £77,500 (net of deductible CRU benefits) for the Claimant.