Client's Story: £600,000 Settlement for a Man Who Lost His Leg After Delayed Infection Diagnosis

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Simon Shaw

Litigation Executive, Medical Negligence

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Our Medical Negligence team represented a man who sadly had to undergo an above-knee amputation after multiple NHS failures led to a serious bone infection being missed and left untreated.

This case involved two NHS Trusts and highlighted several missed opportunities to manage his infection properly, along with a failure to inform him about all available treatment options before surgery.

 

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What Happened?

Our client, who already had a pre-existing disability, was admitted to a hospital with an infection. After treatment, he was discharged home but no proper arrangements were made to monitor his recovery. His GP and the community nursing team weren’t given any instructions on how long antibiotics should continue, how to track his progress, or what signs to look out for. There was no follow-up appointment arranged and no outreach nursing support put in place. Without this, there was no way to tell if the infection had been successfully treated or if it was getting worse.

About a year later, he attended a routine outpatient clinic as part of his ongoing spinal injury care, which related to his pre-existing disability. During this appointment, his right hip wound, which had not healed properly since his earlier infection, was not properly examined. Despite ongoing symptoms, no further investigations such as scans were arranged, and the doctors failed to update or adjust his care plan.

Shortly afterwards, due to continued problems with the hip wound and concerns that it was not healing, he underwent a CT scan. The scan showed signs of osteomyelitis, which is a serious bone infection affecting the top of his thigh bone near the hip. Sadly, this result was not acted on. No antibiotics were started and no changes were made to his treatment, allowing the infection to progress unchecked.

 

A Failure to Give Informed Consent

Later that year, our client was told that surgery was needed. The procedure involved removing part of his hip and amputating his leg above the knee. But before surgery went ahead, he wasn’t fully informed about his options. He wasn’t told that a more conservative procedure, one that might have avoided the need for an amputation, could have been considered. This meant that he wasn’t given the chance to make a properly informed decision about his own treatment.

In medical law, this is known as a failure to obtain informed consent. Doctors are legally required to explain the benefits, risks, and alternatives of any major treatment in a way that patients can understand. Our client wasn’t given this opportunity, and had he known all the options, it’s likely he would have chosen a less drastic form of surgery.

 

The Hospital’s Duty of Care

Hospitals and NHS Trusts have a legal duty of care to take reasonable steps to avoid causing harm to their patients. That duty includes giving clear aftercare instructions when someone is discharged, making sure symptoms are followed up, and ensuring patients are fully involved in decisions about their treatment.

In our client’s case, this duty was breached in several ways. The hospital failed to monitor his infection properly after discharge, did not act on the signs of a serious bone infection, and did not give him enough information to make an informed choice about his surgery.

 

The Legal Claim

Our client asked our Medical Negligence Solicitors to help investigate what had gone wrong. We reviewed his records in detail, worked with independent medical experts, and confirmed there had been clear failings by the NHS.

We argued that:

  • The infection was not properly monitored after he left the hospital
  • A scan showing signs of osteomyelitis was not followed up
  • Timely antibiotic treatment was not given
  • He was not fully informed of his surgical options, so could not give informed consent

We also had to prove something called “causation”, which is that the NHS’s mistakes directly caused our client’s condition to get worse. Our independent medical experts agreed that if the infection had been properly managed at an earlier stage, it could likely have been brought under control. In that case, our client would not have needed to have his leg amputated.

 

 

Overcoming Complex Medical and Legal Issues

This was a highly complex case involving two separate NHS Trusts, multiple areas of medical expertise, and careful consideration of our client’s pre-existing disability. We gathered detailed expert evidence to demonstrate how the delays in recognising and treating the infection had a life-changing impact on his mobility, health and ability to work.

Securing the right outcome involved sensitive handling and strategic negotiation. Although an early offer was made before all medical reports were available, we continued to press for a settlement that truly reflected the full extent of the harm our client had suffered. This led to a final settlement of £600,000, which our client was happy to accept.

 

How the Compensation Will Help

Our client is no longer able to work due to the impact of his amputation. A large part of the compensation will go towards supporting his long-term needs, including adaptations at home, mobility equipment and ongoing care.

This settlement not only acknowledges the pain and trauma he went through, but also gives him some peace of mind knowing that his practical and financial needs are being met moving forward.

 

How Simpson Millar Can Help

Suffering life-changing harm because of Medical Negligence can be devastating. We understand how overwhelming it can feel to start a legal claim, especially after going through such a traumatic experience.

Our Medical Negligence team has supported many individuals and families through complex and sensitive cases like this one. We will always explain your legal rights in clear, easy to understand language and guide you through the legal process step by step.

If you believe your medical care was negligent, for example, if you experienced a delayed diagnosis, a failure to act on test results, a surgical error, or were not properly informed about your treatment options, we’re here to help you understand your legal options and fight for the best possible outcome for your situation.

Call us today on 0808 239 5461 for a free, no-obligation case assessment, or request a callback, and we’ll talk with you about how we may be able to support you.

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References:

www.simpsonmillar.co.uk. (2023). Medical Negligence Solicitors | Simpson Millar Solicitors. [online] Available at: https://www.simpsonmillar.co.uk/medical-negligence-solicitors/.

NHS website (2017). CT scan. [online] nhs.uk. Available at: https://www.nhs.uk/tests-and-treatments/ct-scan/.

NHS (2019). Osteomyelitis. [online] NHS. Available at: https://www.nhs.uk/conditions/osteomyelitis/.

Simpsonmillar.co.uk. (2019). Amputation Compensation. [online] Available at: https://www.simpsonmillar.co.uk/medical-negligence-solicitors/amputation-claims/

NHS (2017). Consent to treatment. [online] nhs.uk. Available at: https://www.nhs.uk/tests-and-treatments/consent-to-treatment/.

Simpsonmillar.co.uk. (2021). Surgical Negligence Claims. [online] Available at: https://www.simpsonmillar.co.uk/medical-negligence-solicitors/surgical-error-claims/

NHS (2013). THE CARE CERTIFICATE WORKBOOK Duty of Care Standard What you need to know. [online] Available at: https://www.hee.nhs.uk/sites/default/files/documents/Standard-3%20Duty%20of%20care%2013.06.16.pdf.

Simpsonmillar.co.uk. (2019). Meet our People | Simpson Millar Solicitors. [online] Available at: https://www.simpsonmillar.co.uk/our-people/?filter=%7B%22expertise%22%3A%5B%22Medical%20Negligence%22%5D%7D&pageIndex=1

signon.thomsonreuters.com. (n.d.). Practical Law UK Signon. [online] Available at: https://uk.practicallaw.thomsonreuters.com/4-107-5865?transitionType=Default&contextData=(sc.Default)&firstPage=true.

McCue, K. (2024). Our Guide To Understanding Medical Negligence Claims. [online] Simpsonmillar.co.uk. Available at: https://www.simpsonmillar.co.uk/medical-negligence-solicitors/understanding-medical-negligence-claims/.

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Simon Shaw

Litigation Executive, Medical Negligence

Areas of Expertise:
Medical Negligence

Simon has been working in Clinical Negligence since 1986 and brought his vast expertise, including being a former Partner at another firm, to Simpson Millar in November 2022. He also spent 2 years acting for the NHS, defending Medical Negligence claims, which gave him an insight as to how the NHS deal with this area of law. With extensive experience in handling claims against both NHS and private healthcare providers, Simon has successfully secured significant compensation for clients affected by medical oversights. His areas of specialisation include amputations, delayed diagnoses and misdiagnosis of cancer, diabetic claims, and ophthalmic claims.

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