Acting for a client not long back with a misdiagnosed Achilles tendon fracture and tear as a simple sprain has prompted this post. The client in question was a primary school head teacher. She lost her footing on a pavement while walking. She attended the A & E immediately as she heard a ‘crack’. At the hospital she was told it was a simple sprain without any investigation, not even an X-ray. She was told to go home and apply some ice, and rest. A week later she attends the emergency again as she had extensive swelling and was not able to weight bear. Again, she is seen by an A & E doctor this time an X-ray is organised. The doctor tells her she has a minor fracture and arranges for her to attend the fracture clinic a week’s time, with advice to take paracetamols until then. She is discharged without any foot support despite the fact she was in extreme pain and had excessive swelling.
On arrival to the fracture clinic a week later she is seen by an orthopaedic surgeon who organises a more in depth investigation as he wanted to establish the cause of her ‘ballooned’ ankle. She has an MRI which showed she had torn the Achilles tendon. The MRI was able to differentiate between swelling as opposed to thickening of the achilles tendon. It was able to show the size of the tear. She required immediate surgery to repair the tear but the delay in having the surgery meant her tear as well as fracture was left untreated for two weeks, consequently despite having a successful operation she was left with a pronounced limp.
Being misdiagnosed with a sprain meant that the lady was left with an untreated achilles tendon tear which actually required surgery. She had to endure pain that worsened because her injury was not treated. Having had surgery two weeks later she had a prolonged recovery, and her prognosis was guarded.
To put this case study into context it helps to understand the impact the misdiagnosis had on this lady’s life. Prior to the injury she was an keen walker and a runner. Medical expert on the case was able to say had she had surgery immediately when she presented with the injury soon after the incident, very likely she would have made a 99% recovery with no residual limp but some sensitivity in cold weather. She was awarded £75,000 in damages which incorporated damages for her pain and suffering, but it also included an element for the fact that she was deprived of the opportunity to apply for the Head teacher’s role. The Employment expert was able to say that she would have succeeded with her promotion. The lady was deterred from applying for a promotion because of the depression she went on to suffer due to the prolonged recovery and the loss of her outdoor hobbies. The case was not straight forward as the original injury was not the fault of her medical team but their failure to make an accurate diagnosis meant there was a delay in correct, and timely treatment, causing her condition to worsen in the meantime. We help in cases of medical negligence in the UK and provide free consultation on medical negligence. Our team have the expertise to help clients with injuries like this with the care and sensitivity that is needed.
If you would like to have an informal chat with our Clinical Negligence experts in confidence to see if you have a viable claim then please complete the contact form on our website and we will give you a call back at a time convenient to you or please call/ contact Daxa Patel, Clinical Negligence Partner & Solicitor by contacting us on 0330 107 0107 or email clinicalnegligence@imd.co.uk. Once we are contacted by you, one of our helpful team members will contact you. Please note we have a team of lawyers who speak many languages including English, Polish, Romanian, Russian and Lithuanian.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
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