Case studies

Negligent failure to diagnose ankle fracture


We have settled a claim on behalf of a client who fell and fractured her ankle. After being examined and having her ankle X-rayed at the A&E department at Frimley Park Hosital, she was reassured that it was only a soft tissue injury and was discharged home to attend physiotherapy.

Our client duly underwent physiotherapy for a number of months and persevered with it as best as she could even though it was particularly painful. Ultimately, with her ankle not improving, she was X-rayed again and this showed the fracture. Contrary to the advice she had received at Frimley Park Hospital, she had broken her ankle when she fell and the physiotherapy had inadvertently made the injury significantly worse. Our client needed to undergo further surgery over a period of time and still experiences pain and instability in her ankle. She has been advised that she may require ankle arthrodesis (ankle fusion surgery).

Our medical negligence solicitors investigated the claim by obtaining independent orthopaedic expert evidence. We looked in particular at the consequences of the misdiagnosis and delay and the fact that physiotherapy was given to an unstable ankle. We established how much worse off our client was as a result of the negligence and the impact in terms of future surgery, her accommodation requirements and her need for care and assistance, orthotics and bespoke footwear. The claim settled at £140,000 plus costs through negotiation. It was funded with a conditional fee agreement.


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Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority.

Penningtons Manches Cooper LLP