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Medical Negligence Case Studies May 29th, 2015

Foot surgery that left the patient worse off

In 2007 Mrs A had a consultation with an eminent Foot Surgeon to discuss a problem with her right foot.  At the time she was suffering with pain from her first metatarsophalangeal joint and her toes were beginning to deviate.  She also had gross hallux valgus (with a valgus angle of 70º) and her third toe was dislocated at the MP joint.

As a consequence she was put on the waiting list for a displacement osteotomy.  On 11th July 2007 Mrs A underwent surgery at the defendant hospital and had a “routine” Wilson’s osteotomy.  After several out patient appointments Mrs A was discharged from the defendant hospital and left in the care of her own Foot Surgeon.  When she saw her Surgeon in November 2008 complaining of pain in her right foot again she was informed that as a result of the Wilson’s osteotomy her right great toe had been shortened by 8mm or 9mm and as a consequence she had excessive load transfer through the second, third, fourth and fifth metatarsals.  To re-balance her foot it was recommended that Mrs A have multiple Weil osteotomies of her right forefoot.

Despite undergoing two further operations Mrs A suffered significant anxiety and stress about the appearance of her foot, daily pain in her right forefoot and a deviated right great toe.  Unfortunately, because of her swollen feet, Mrs A’s choice of footwear was restricted and she had only limited mobility.  With the benefit of a report from an independent medical expert it was possible to secure an early admission of liability from the NHS Litigation Authority and a settlement of £36,500.00 achieved to compensate Mrs A for her pain and suffering and the future cost of orthotics.

David Gazzard
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