Amputation clinical negligence claim settled despite liability denial

Dean Wilson Solicitors have settled a long-running above knee amputation claim for a seven figure sum; despite liability, quantum, and life expectancy all being in dispute.

Background to the injury

The Claimant underwent a vascular bypass at Medway NHS Foundation Trust, where a graft was inserted into his leg, in order to restore good blood flow to his lower left limb. The operation was deemed a success, and the Claimant was discharged from the vascular clinic.

The Claimant had a long-standing left ankle problem, and underwent a planned hindfoot ankle fusion a few months later. During the surgery, the orthopaedic surgeon failed to seek input from the vascular team, and used a tourniquet across the Claimant’s thigh.

Over the coming weeks, the Claimant’s vascular condition in his left leg deteriorated, and eventually became ischaemic. Attempts were made to revascularise the leg, but these failed, and the Claimant was forced to undergo an above knee amputation. 

The Claim

We alleged on behalf of the Clamant, that the use of the tourniquet compromised the previous healthy graft, and that this led to the amputation. Expert evidence was obtained, and It was alleged that it was not necessary to use the tourniquet, and that the amputation was therefore avoidable.

The Outcome

Liability was denied by the Defendant throughout, and the case was listed for a High Court trial to determine liability. No offers of settlement were made, but after positive expert evidence was served by us, the Defendant agreed to meet the Claimant for settlement discussions, and the claim was settled for a seven figure sum. Ben Davey & Jessica Edwards of Dean Wilson Solicitors acted for the Claimant under a no win no fee style agreement. The team can be contacted on 01273 249200.