We settled a claim for a client who suffered severe pain to the back of her calf while taking part in aerobics in March 2012.
Our client attended at the local A&E, but she was not provided with any form of treatment. Tests to assess whether she had ruptured the Achilles tendon were not carried out.
The Simmond’s test, where a patient is asked to lie prone on a raised surface, is indicative of a rupture to the Achilles tendon if the calf is squeezed and there is no resultant movement of the foot. This test was not carried out on our client and neither was she asked to stand on her tip-toes, which is another test to indicate a rupture.
Our client continued to complain of pain to the back of her calf and attended once again at hospital some three months later. She was referred for an ultra-sound which took place seven months after the original attendance. Following this, she was advised that she was likely to have sustained a full rupture of the Achilles tendon.
As our client was pregnant at the time, she was not able to undergo an MRI scan and therefore did not have appropriate surgery to repair the rupture until over two years after her initial injury in August 2014.
Our client has been left with a degree of ongoing disability as a result of the delayed treatment, which fortunately does not affect her unduly. This is reflected in the modest damages she received.
The case was led by John Kyriacou, a partner in the clinical negligence team in London.