[2009] LTLPI 2.04.09  

The Claimant, aged 38 years, attended the Defendant’s hospital to undergo osteotomy to the fourth and fifth metatarsals of her foot to relieve discomfort and clawing. Surgery was performed on the third and fifth metatarsals in error.  

Claimant underwent osteotomy to fourth metatarsal eight months later but continued to suffer pain, discomfort and reduced mobility. Further investigation over two years later identified screw inserted for osteotomy may be encroaching into metatarso-phalangeal joint. Claimant was discharged with advice that nothing further could be done. Prognosis was of permanent imbalance within the foot.  

Out of court settlement of £70,000 (estimated General Damages £17,500).