[2006] LTLPI 21.02.08.

Claimant (aged 41) underwent surgery at Defendant hospital in September 2001 to create an anal pouch following earlier subtotal colectomy and ileostomy. During surgery, Claimant was maintained in the Lloyd Davis position for approximately six-and-a-quarter hours.

When Claimant came round from anaesthetic, he complained of severe pain in his calves. The pain persisted and the calves remained very hard to touch. His treating doctors initially suspected that he was suffering from deep vein thrombosis but excluded that possibility following further investigations. Four days later he was examined by an orthopaedic surgeon who immediately diagnosed bilateral compartment syndrome. Claimant suffered necrosis in the calves requiring debridement surgery and resulting in contraction of MRSA. Claimant was left significantly disabled requiring foot splints to mobilise and suffered psychological injury and was no longer able to work.

Claimant alleged Defendant was negligent in maintaining him in Lloyd Davis position for prolonged period causing development of compartment syndrome and failing to promptly diagnose and treat compartment syndrome thereafter. Liability admitted but Defendant denied continuing disability and psychological injury claimed were consequent to the compartment syndrome.

Out of court settlement: £510,000 (General Damages £50,000).