Driver awarded £900,000 compensation after having leg amputated

On behalf of Attwaters Jameson Hill posted in Uncategorised on Thursday, August 14th, 2014

A coach driver has been awarded £900,000 compensation after a hospital’s failure to have him seen by a consultant led to him needing to have part of his leg amputated.

The driver first visited the hospital when he noticed that his leg felt cold and painful. He was treated and told he would need surveillance. His symptoms continued and so his GP referred him to the vascular surgical team at the local hospital.

He was diagnosed with a left thrombosis popliteal artery aneurysm and was again put under surveillance. At no point was he seen by a consultant.

His condition worsened and he had to undergo surgery. However, it was too late to save his leg and he needed a below-the-knee amputation.

As a result he became reliant on a prosthetic limb and was only able to drive automatic vehicles. It meant that although he could return to work, it would be on a mainly clerical basis.

He was also less able to partake in his hobbies such as DIY, sailing, orienteering, swimming and walking. It was more difficult to move around his home and neighbourhood and he sometimes needed to use a wheelchair.

He needed more advanced prosthetic limbs than the ones available on the NHS including waterproof versions so he could continue sailing and swimming.

He brought an action against the health board saying it was negligent in failing to have him examined by a consultant during his many visits to the hospital.

The health board denied liability but agreed to an out-of-court settlement of £900,000. The sum was to compensate for his pain, suffering and loss of amenity, as well as his loss of future earnings and the cost of his future prosthetic needs, care and assistance.

David Kerry said: “Sometimes it’s not what a hospital does that causes the problems but what it fails to do. In this case, the failure to refer the patient to a consultant resulted in his condition becoming much worse than it might otherwise have been.”

Please contact David Kerry for more information about the issues raised in this case or for any aspect of clinical negligence law.

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