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An accident and emergency negligence claim was brought on behalf of our client following a delayed diagnosis and treatment of a ruptured patella tendon. 

Our client injured his knee whilst playing football and was taken to his local A&E Department. He was assessed, x-rayed and discharged with referral to the fracture clinic. 

The rupture was not diagnosed and he was referred for physiotherapy. Whilst performing the physiotherapist recommended exercises, he experienced further acute pain in his knee and over the following two months the condition deteriorated. 

It was some three months following the initial injury that the ruptured patella tendon was finally diagnosed and a surgical repair took place.

The delay in diagnosis and treatment increased the risks associated with the repair operation and led to stretch of the tendon causing increased recovery time necessitating a further operation. This however was a potential risk of the operation in any event. Our client's symptoms of instability and pain improved although he would have on-going problems as a result of the original injury.

The NHSLA on behalf of the Royal Surrey County Hospital NHS Trust denied liability but following court proceedings being issued, the hospital admitted negligence. Following an offer to settle, the medical claim was finalised for £37,500 in compensation.