£20,000 for delayed diagnosis and treatment of Achilles tendon rupture

Our client, a 37 year old woman from Herne Bay, Kent, suffered an injury to her left ankle whilst playing netball on 06.07.2014. Her left foot was immediately painful and she found that she could not weight bear.

The following morning she attended Estuary View Minor Injuries Centre where she was diagnosed with soft tissue inflammation and advised to see her GP if the pain did not improve.

On 14.07.2014 she contacted her GP surgery as she was still in pain; she was diagnosed with an ankle sprain and advised to rest, ice and elevate the ankle.

She returned to her GP surgery on 24.07.2014 as she was still suffering from significant pain in the left ankle and was referred for physiotherapy.

On 13.08.2014 the Physiotherapist diagnosed a rupture of the left Achilles tendon and wrote to the GP asking that our client be referred urgently to the Orthopaedic team at the East Kent Hospitals University NHS Foundation Trust.

She was subsequently reviewed at the Queen Elizabeth Queen Mother Hospital in Margate where she was diagnosed with an incomplete Achilles tendon rupture. On the basis that the rupture was thought to be incomplete this was treated conservatively with a walking boot.

A further referral was made to the same physiotherapist who identified that no ultrasound scan had been performed by the orthopaedic team. She referred our client for a scan which showed a complete tear of the distal Achilles tendon with a gap of approximately 7mm.

The Physiotherapist pursued matters with the Orthopaedic team so that the complete Achilles tendon rupture was acknowledged with an urgent need for surgical treatment.

On 06.10.2014 our Client underwent reconstructive surgery under Mr Mostofi.

Unfortunately, the delay in our Client’s treatment meant that she unnecessarily suffered additional:-  pain, muscle wastage, retraction of the Achilles tendon, an elongated scar, a longer recovery period and an increased risk of re-rupture.

We obtained very clear and supportive expert evidence and then submitted a Letter of Claim to the Defendant Trust.

The Defendant responded by admitting breach and causation.

Shortly after the Defendants admitted breach and causation they made an offer of £20,000 which was accepted by our Client.

Steevi Henderson, Solicitor with the conduct of the claim, said:-

My client and I are both very pleased with the outcome of this case both because the Defendant Trust admitted fault at an early stage and in terms of the level of settlement received. I thoroughly enjoyed working with this client and I wish her and her family all the very best for the future”