The Story
Our client, a keen sportsman, sustained an injury to his lower left leg during a football match, resulting in a non-displaced fracture of the proximal tibia (shinbone). He was admitted to hospital for monitoring.
Compartment Syndrome is a painful and dangerous condition that occurs when pressure within the muscles builds to unsafe levels. This pressure can decrease blood flow, which prevents oxygen from reaching nerve and muscle cells. Despite Compartment Syndrome being a recognised medical emergency, no immediate action was taken to identify or relieve the condition.
The details
After some delay and negligently performed pressure readings, Compartment Syndrome was suspected, and our client underwent posterior compartment decompression and fasciotomy (a procedure in which cuts are made around the muscle relieve pressure) the evening following the accident. However, wound closure was attempted but abandoned due to unacceptable tissue tension and raised pressures in the compartment. Eventually, the skin graft and closure of the wound were completed 18 days after our client's admission to hospital.
As a result of the delay in relieving the compartment pressures, our client suffered a tibial nerve injury - damage to the tibial nerve can affect feeling and function in your leg, foot and toes).
The impact
Because of the nerve injury our client now experiences an altered gait and significant pain throughout his foot and leg, which is worse when standing. He must wear specialist shoes and will require assistance with activities as he ages. His passion for sports has been significantly impacted and he is no longer able to participate in the sports that he did before the accident. The incident also had a negative impact on his career as a PE Teacher.
How we helped
We investigated our client’s claim and instructed experts in accident and emergency medicine, orthopaedics, plastic surgery, pain management, psychiatry and care and occupational therapy. These investigations identified that there was a failure of A&E staff and orthopaedic surgeons to carry out appropriate examinations, which would have helped identify early symptoms of Compartment Syndrome. Also, had Compartment Syndrome been identified at the earlier stages of admission, our client would have undergone surgery that same afternoon and avoided the resulting tibial nerve injury.
The defendant trust refused to accept liability for this claim, so our legal team issued proceedings in the High Court. A defence was filed, still denying liability, and the claim progressed towards trial. Teri Gauge-Klein, medical negligence solicitor in the Thames Valley Office (Reading) prepared the witness statements of the client and his friends and family dealing with his treatment in hospital and on-going care needs. Teri also worked with the experts to finalise and exchange their reports.
The parties met at a Joint Settlement Meeting two months before trial to identify issues of disagreement and attempt to agree a settlement. Unfortunately, settlement was not achieved at this meeting but later, following the submission of Joint Statements, just five weeks before trial, the claim was settled successfully for £350,000. This settlement reflected our client’s suffering and provided him with compensation for his past and future losses arising from the defendant’s negligence.
Teri says: "I am delighted to have secured a significant settlement for our client. The nerve injury has an on-going and significant impact on his daily life, and his determination to continue his life, including adapting his employment, has been admirable throughout. The team of experts on this case had to grapple with complex medical issues including the timing and extent of muscle necrosis, the mechanism of injury and the prognosis of the tibial nerve.“
What our client said
“I am extremely grateful to Teri, the team at Shoosmiths, and the expert witnesses for their support and guidance. At every stage in the journey, I felt included and valued, whilst also understanding the wealth of expertise I had fighting my corner. Unless I had sought advice from Shoosmiths I would have accepted the line that I was "just unlucky" from treating staff at the time of my injury and as such I can't thank the team enough for what they have done for me.”
Disclaimer
This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2024
