Case studies

Settlement of claim for incorrect surgery used on hallux valgus deformity leaving permanent disability

Our client was advised to undergo a Lapidus procedure to correct a diagnosed hallux valgus deformity on her big toe but, instead of resolving her problems, she was left with significant pain and further issues when walking.

Following the surgery at Queen Victoria Memorial Hospital, her big toe was no longer touching the floor and was flaccid when walking. She was advised that she needed revision surgery, which was later performed and which helped ease the pain to some extent, but functionally she was no better.  It transpired that the surgery she underwent was the incorrect choice for her level of deformity.

Our client has been left with a nerve injury, her big toe is floppy and not touching the floor and she has developed right hip and knee pain due to her altered gait because of the flaccid big toe.  The most distressing thing for our client, however, is the fact that she is now at a disadvantage on the open employment market, particularly as she is unable to return to her job as a hairdresser as she cannot stand for long periods of time.

The claim was robustly defended well into court proceedings despite us making attempts to settle. Nevertheless, we pressed on with the case and upon request for clarification of their arguments and offers to settle being made by our client, the defendant trust started to make suggestions that they were going to settle the claim and negotiations were successful.

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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