In this case the Claimant, a 60 year old lady sustained an inversion injury to her right foot whilst gardening. She attended the Accident and Emergency Department at the Defendant’s Hospital where she was x-rayed and reassured that she had suffered only a sprain.
She returned home and managed with her usual activities as best
as she could, but she was unable to bear any weight on her right
heel due to pain and swelling. She then received a letter from the
hospital 6 weeks later, confirming that her x-ray had been
reviewed, and a fracture was present at the base of the 5th
metatarsal. The Claimant underwent a period of immobilisation
followed by an open reduction and internal fixation operation
involving bone grafting to stabilise the fracture.
It was agreed at an early stage that liability for failing to
correctly interpret the x-ray would not be disputed. It was also
admitted that there was a period of delay as a result.
The Claimant obtained an expert report confirming that whilst
there had been a period of delay, which caused unnecessary pain and
suffering, the outcome had not been compromised by this delay.
Accordingly the case was settled by negotiation for the agreed sum
of £2,750 along with payment of legal costs.