[2007] LTLPI 26.03.09  

The Claimant, aged 57 years, attended the Defendants’ hospital with an injured right ankle following a fall from a roof. Reviewing doctor confirmed ankle was not broken from X-rays taken and a sprain was diagnosed and Claimant was discharged with arm crutches.  

Claimant was in constant pain and called the hospital that evening to clarify whether there could be a fracture but was again informed it was a sprain only. Fifteen days later he returned to hospital as the ankle and leg had started to swell with a red mark spreading up the calf. He was informed that he had an extremely comminuted fracture. Venogram confirmed deep vein thrombosis (“DVT”) and he was prescribed Warfarin for three months. The fracture was treated conservatively, as corrective surgery carried further risk of DVT.  

Claimant alleged that if the diagnosis had been made sixteen days earlier he would have been treated immediately and would not have developed DVT. Causation disputed.  

Out of court settlement: £1,600 (General Damages).