Failure to diagnose fractured ankle
On 27 September 2008, our client injured his left ankle whilst playing football. He attended his local Accident & Emergency Department in Portsmouth with a severely swollen left ankle. He was advised that he had suffered a soft tissue injury and was discharged without treatment or x-ray.
There was no improvement over the next 5 weeks and he continued to suffer pain and attended a Walk-in Centre at The Royal South Hants Hospital. Again, he was reassured that he had only suffered a soft tissue injury. He was not x-rayed and was advised to mobilise the ankle as much as possible.
Due to ongoing symptoms our client was eventually referred by his GP for an x-ray. At x-ray on 8 January 2009, he was found to have sustained a fracture to the distal third of the fibula with subluxation (partial dislocation) of the ankle joint. He underwent surgery on 5 March 2009 and has made a good recovery following surgery.
Expert opinion was obtained from a consultant orthopaedic surgeon who advised our client that had the fracture been diagnosed in a timely fashion he would still have had to undergo surgery but the surgery would not have been as extensive as it indeed was. As a result of the delay in the surgery and the fact that he had mobilised on a fractured ankle, our expert opined that our client would develop osteoarthritis in the ankle joint and at some time in the future, he would require an ankle fusion.
The NHSLA admitted liability but denied causation. After protracted negotiations, however, the Defendant conceded causation and the claim was settled for the sum of £20,000.