The story
Our client had to give up his job as a postman after two failed surgeries to remove a foreign body from his leg.
The details
Our client was a Royal Mail postman, who typically walked 25,000 steps (or 12 miles) a day, as part of his job.
He developed a sudden painful lump the size of a tennis ball on his lower left leg, which looked red and aggravated. After seeing his GP, he was referred to Northampton General Hospital for an ultrasound scan, which identified a needle-like object measuring 2 cm in his left leg. He was referred to Northampton General Hospital for surgery to remove the foreign body from his leg.
After surgery, our client was discharged the same day, but was not told whether the foreign body had been located and removed. His operation and discharge notes were silent on this point.
He returned to work, walking the same distance. However, his lower left leg remained painful and aggravated and became infected on several occasions. He also developed a new symptom of right knee pain, as his right leg was compensating for an abnormal left leg gait.
Sadly, the ongoing problems in his left leg meant was unable to continue working as a postman and he had no option other than to resign from the job he had loved for many years.
After several visits to his GP, our client was again referred to Northampton General Hospital, this time for an MRI scan, which reported that the foreign body was still present in his left leg. The surgeons had failed to remove it during surgery and, as a result, he had to undergo a second operation to remove the foreign body.
After the second operation, our client continued to have problems with his left leg, including recurrent infections. He was referred for another MRI scan and was shocked to learn that the foreign body remained in his left leg.
He was listed for a third operation to remove the same foreign body from his leg.
The day before his third operation, our client was sat in his garden, when he noticed a needle-like object in the wound on his left leg, which he removed himself using tweezers. He pulled out an intact thorn measuring 2 cm in length.
After realising that he had pulled out the foreign body which had caused him problems for more than 12 months, our client attended the A&E department at Northampton General Hospital, where intravenous antibiotics were administered.
The third operation was no longer necessary, and his leg subsequently healed, although he was left with extensive scar tissue from two failed operations.
The impact
This was a very difficult time for our client. The effects of these events caused prolonged pain and suffering, including depression, due to ongoing symptoms of pain, wound discharge and infection in the left leg. He was forced to give up his employment as a postman, which he very much enjoyed. He was referred for psychological counselling to help manage his symptoms.
How we helped
Our client sought legal advice and instructed Sumit Morjaria, a senior associate solicitor in the medical negligence team at Shoosmiths, to pursue a claim against the NHS Hospital Trust for alleged failures to identify and remove the foreign body during two surgical procedures.
We obtained supportive evidence from an independent expert consultant orthopaedic surgeon, specialising in lower limb surgery, who identified that in the absence of the negligence, it is likely that the surgical wound would have healed within 14 days of the first operation.
Limited admissions of liability were made by the trust. However, following strategic negotiations, a substantial five figure out-of-court settlement was agreed.
The settlement has made a significant difference to our client’s life by compensating him for the loss of earnings he suffered as a postman and enabling him to pay for private psychological treatment. He now works as a personal trainer, helping others achieve their fitness goals.
What our client said
Our client was very pleased with the outcome as he now embarks on a new chapter in his life. He said:
“Initially I felt apprehensive to open up a medical negligence case against the NHS but from my first contact I felt heard and understood, realising that I am within my rights to proceed after understanding how I'd been failed by the system. Sumit and his team were very supportive, keeping me well informed and able to understand the legal proceedings. Communication was always very responsive, and I felt that I was in good hands, feeling confident in any advice that I was given throughout the case. Thank you for all the support in alleviating any worries or anxiety I initially had with engaging in this process.”
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
