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John* injured his ankle during a football match. He suffered immediate pain and the ankle was severely swollen. He was taken to A & E where x-rays were taken. The hospital staff failed to identify from the x-rays that a fracture was present. John was therefore discharged with a diagnosis of soft tissue injury.

John continued to suffer from severe pain and swelling. He underwent physiotherapy at the hospital for several months, which he found extremely painful and which did not improve his condition.

After some months, John insisted on a referral to the orthopaedic department. Following further x-rays, MRI and CT scans the orthopaedic consultant advised John that he had an arthritic sub-talar joint with a non-union of the lateral process of the talus. It was clear that the fracture had shown up on the original x-rays taken some months earlier. 

As a result of the delay in diagnosis, John required sub-talar joint fusion. He will never be able to run again or to play football but the fusion procedure should improve the pain John experiences in his ankle.

Boyes Turner’s specialist medical negligence solicitors obtained expert evidence from a consultant musculo-skeletal radiologist and a consultant orthopaedic surgeon.  Both experts were supportive of a claim. 

Following service of a letter setting out detailed allegations of substandard care, the hospital admitted that the care provided was negligent. Following the hospital’s admission a settlement was negotiated on John’s behalf by Boyes Turner’s lawyers at £55,000. 

There was no cost to John in bringing the claim.

*All names have been changed for client privacy.