Diabetic patient awarded £40,000 in damages for medical negligence resulting in amputation

Posted: 15/06/2011

Penningtons Solicitors LLP has won damages for its client, Roger Baker, a diabetic who lost part of his foot following inappropriate treatment of an ulcer by his GP practice and the Mayday Healthcare NHS Trust (now Croydon Health Services NHS Trust). The case was highlighted by The Guardian yesterday in an article which examines the current standard of diabetes care in the NHS.

Despite receiving treatment from various GPs, the practice nurse at his GP surgery and the diabetic clinic at Mayday Hospital over several months, the ulcer on Mr Baker's foot became infected resulting in extensive surgery to remove part of his foot.

Penningtons obtained an initial report from a consultant physician and diabetologist which supported the claim that the GP surgery and Mayday Healthcare NHS Trust had failed to ensure that Mr Baker received urgent multi-disciplinary care for the ulcer.

Mr Baker's claim was that, as a diabetic, those treating him should have been looking for evidence of diabetic neuropathy and that he should have been referred within 48 hours to hospital for multi-disciplinary care when he developed the ulcer on his foot. With appropriate treatment, the ulcer could have been dealt with successfully and the recurrent infections and deterioration of his condition culminating in amputation could have been avoided.

Penningtons alleged that there was a failure to appropriately examine Mr Baker's foot and that the repeat prescription of antibiotics and redressing of the ulcer without examination or referral amounted to substandard care. The hospital diabetic clinic also missed the opportunity to instigate the necessary treatment.

Penningtons initially received a denial of liability from all defendants although Mayday Healthcare NHS Trust admitted that it had failed to provide adequate care. Penningtons therefore issued proceedings against all defendants in the High Court.

Following this and part-way through the litigation towards trial, the defendants expressed an intention to try to settle the claim and the ensuing negotiations resulted in Mr Baker receiving £40,000 in damages.

Philippa Luscombe, clinical negligence partner at Penningtons Solicitors LLP, said: "The failure of the health professionals to recognise that Mr Baker, as a diabetic, needed urgent multi-disciplinary care reflects the findings of research undertaken for Diabetes UK which shows that many people underestimate the seriousness of diabetes. For example, only 29 per cent of adults are aware of the link with heart disease and less than half (46 per cent) realise that diabetes leads to a shortened life expectancy.

"We hope that this year's Diabetes Week organised by Diabetes UK will help to spread the word that diabetes is truly a 'Silent Assassin' and that health professionals need to be ultra-vigilant when treating diabetics to ensure that they do not have to suffer unnecessarily like Mr Baker."

Mr Baker now lives in Eastbourne.

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