BR had suffered with diabetes which increased his risk of suffering with neuropathy which in turn was likely to cause ulcers and infection. He had already suffered with such symptoms, leading eventually to the amputation of two toes on his left foot. In the instant claim, BR suffered a fracture to his ankle whilst walking. This was treated with a plaster cast. However, he began to develop symptoms of neuropathy and ulceration on his right foot, which was not assessed despite his complaints. The ulceration led to a deep-seated infection arising and travelling up his right foot/leg, resulting in a below-knee amputation being carried out as a life-saving treatment. BR therefore required prosthetics, significant care and assistance, as well as aids and equipment.
The Trust denied breach of duty as well as causation. A Mediation was arranged by the Trust in order to narrow down the evidential issues and consider settlement. As a result of some tough negotiations, the Trust agreed to settle BR’s claim for just short of full value.