[2008] LTLPI 29.09.08

Claimant attended Defendant hospital after twisting his ankle in a fall. A stretched tendon was diagnosed and Claimant discharged with advice to take paracetamol, apply ice and rest.

Due to persisting pain, Claimant attended a private osteopath who suspected a torn Achilles tendon and arranged a referral to a Consultant Orthopaedic Surgeon. Imaging confirmed diagnosis but 3 months had passed since injury and surgical repair was required. Claimant spent 6 weeks with his leg in a cast and six months later was able to return to light duties at work.

Claimant alleged that had the diagnosis been made earlier he would have been treated conservatively and would have returned to work sooner. Liability disputed in part. Defendant accepted that it would probably have been appropriate to arrange a follow-up appointment but did not accept there had been a formal breach of duty in failing to diagnose the ruptured tendon.

Out of court settlement: £22,000 (estimated General Damages £10,500).