[2006] LTLPI 28.11.08

Claimant, aged 13, attended Defendant hospital following injury to right big toe whilst playing football. X-ray taken confirmed diagnosis of soft tissue injury and he was discharged with analgesia. The Claimant attended the hospital on two further occasions with persisting pain and raised temperature, and was diagnosed with high Creactive protein, a sprain and concurrent virus. Following a further x-ray a small fracture was diagnosed and his foot was placed in plaster for two weeks. Upon removal of the plaster the foot was swollen, red and shiny. Local surgery diagnosed acute osteomyelitis requiring repeated procedure of wound irrigation and drainage. Claimant left with scarring on both sides of foot, collapsed arch and damage to metatarsal. Claimant claimed that if admitted earlier and treated with antibiotics he would have recovered from infection and permanent damage to metatarsal could have been avoided. Defendant disputed liability, maintaining there were no obvious signs of infection and that high temperature and C-reactive protein levels were consistent with a diagnosis of concurrent viral infection.  

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