Delay in diagnosis and treatment of bone infection
A v WHITTINGTON HOSPITALS NHS TRUST (2009)
Out of Court Settlement
5/5/2009
The claimant, a 44-year-old man,
received £50,000 net of additional deductible CRU, for a delay in
diagnosing and treating osteomyelitis. He suffered from a permanent
increased risk of further infection of approximately 30 to 40 per
cent.
Claimant: Male: 39 years old at date
of accident; 44 years old at date of settlement.
Clinical Negligence: On 3rd
December 2004, the claimant (C) presented at a hospital of the
defendant trust (D) with a three week history of pain and swelling
in the right leg. C was admitted overnight and a diagnosis of right
thigh DVT was made although no clot was identified on scanning. C
was discharged on the 4th December 2004 pending a
further vascular scan. On 6th December 2004, C
re-presented at the hospital complaining of further swelling and
increased levels of pain, general malaise, fever and dizzy spells.
On the 7th December 2004, a diagnosis of possible septic
arthritis of the right knee with cellulitis of the right thigh was
considered. Between 7th December 2004 and 4th
January 2005 C underwent no less than nine surgical procedures
including numerous washout and arthroscopy procedures with little
effect. On 8th January 2005, C was transferred to a high
dependency bed suffering from multi-organ failure secondary to
septic arthritis. A further incision and drainage operation was
performed on 5th February 2005 and then following
radiographic investigations a diagnosis of osteomyelitis was
considered. C’s wound continued to discharge throughout February
and C also fell whilst walking on the ward and suffered a
pathological fracture to his right femur. The claimant was then
transferred to a different hospital where the diagnosis of advanced
destructive osteomyelitis was confirmed and C received the correct
treatment before being discharged on 22nd April
2005.
C sustained injury and brought an action
against D alleging that it was negligent in (i) failing to make a
diagnosis of osteomyelitis when he first attended the hospital;
(ii) failing to make a diagnosis of osteomyelitis when he attended
the hospital for the second time and failing carry out proper
imaging studies which would have led to the correct diagnosis being
made and effective treatment being instituted at a much earlier
juncture and therefore avoiding the need for multiple surgeries and
preventing the development of severe chronic osteomyelitis.
Liability admitted.
Injuries: C suffered from
severe chronic osteomyelitis and also a pathological fracture of
the right femur.
Effects: C underwent multiple
unnecessary surgical procedures. He also sustained a pathological
fracture of the right femur which left him with a limp and limited
mobility. C also has a permanently increased risk of further
infection of approximately 30 to 40 per cent. If further
re-infection were to occur then any further surgical intervention
would be considered high risk. C also suffered severe panic attacks
as a result of his experiences.
Out of Court Settlement:
£50,000.00 net of deductible CRU.
Background to damages: The case was settled on
a global basis, with no particular breakdown of damages. However,
the following breakdown was estimated by the claimant’s
solicitors:
Breakdown of General Damages: Pain, suffering
and loss of amenity: £30,000.00; Special Damages: £20,000.00.
Body Part: LEG – RIGHT LEG - LEG, RIGHT -
FEMUR
Condition: OSTEOMYELITIS
Hodge Jones & Allen for the claimant. Bevan Brittan
for the defendant