Negligence claim settled with Dudley Group NHS Foundation Trust for delayed diagnosis of an Achilles injury

We have recently settled a claim for an elderly gentleman who suffered a delay in diagnosis of an Achilles injury after medical professionals in A&E at Dudley Group NHS Foundation Trust negligently advised that no serious injury had been sustained.

In February 2020, our client tripped on steps leading up to his house and suffered an injury to his Achilles tendon. He attended the emergency department at the defendant’s hospital. An injury to his ankle was suspected and a ‘calf-squeeze test’ was performed to check for an Achilles tendon injury, but the test results were recorded as being negative. Our client was discharged home after being advised that no serious injury had been suffered.

After being discharged, he continued to experience pain and difficulties with walking. Approximately four weeks later, our client was diagnosed with a near complete tear of his Achilles tendon, and commenced conservative treatment for his injury. By this time, the gap in his torn Achilles tendon had grown.

There were failures by the medical professionals to acceptably perform the ‘calf-squeeze test’ to check for an Achilles tendon injury. Our client’s injury should have been identified, and he should then have been promptly treated with a boot with wedges, to allow the tendon to heal. Expert evidence indicated that with this treatment, his tendon would have had a strong chance of healing within three months, and our client would have experienced a good overall outcome from his injury.

The delay in receiving treatment unfortunately resulted in the gap in our client’s torn Achilles tendon growing, which prolonged his recovery and impacted the overall success of his treatment. Although the treatment has improved his condition, the injury is ongoing, and continues to cause pain and limit his ability to walk and drive, as well as affecting his ability to undertake normal day-to-day activities. Expert evidence indicates that our client’s current difficulties and symptoms are unfortunately likely to be permanent.

Having reviewed our client’s medical records and obtained an independent medical expert opinion from an orthopaedic surgeon, our specialist orthopaedic claims team presented a claim to the NHS trust. An admission of liability was made, and after negotiations, the claim was settled without the need to issue court proceedings.

Bethan Horsfield-Marrs, associate in the medical negligence team at Penningtons Manches Cooper, comments: “This claim highlights the importance of early suspicion, diagnosis and treatment of Achilles tendon injuries. We have dealt with a number of claims of this type, and unfortunately delays in treatment do result in poor outcomes for patients, as it did for our client in this case. The failure to promptly diagnose our client’s injury had a significant impact on his recovery, and his overall outcome after treatment. Dudley Group NHS Foundation Trust however offered early admissions of liability, which made a real difference to the progression of the negligence claim and was reassuring for our client.”