Summary
Legal action following a failure to appropriately diagnose and treat a thumb infection in a diabetic patient leading to amputation of the client’s thumb.
Settlement
£135,000 settlement for the claimant who lost his thumb.
What Happened
The claimant was a Type 1 diabetic. Whilst he was out one day he got a splinter under the nail of his thumb on his non-dominant hand. He attended his GP who advised him to go to hospital if his thumb did not improve.
The Claimant attended hospital a few days later and was treated with IV antibiotics for an infection. The Claimant spent several weeks in hospital, during which time he had a severe psychological reaction to the medication and this had to be changed. After several weeks in hospital, and treatment with IV antibiotics only, the claimant was discharged home to be followed up regularly.
Despite treatment with antibiotics the Claimant’s thumb continued to deteriorate and he was subsequently diagnosed with osteomyelitis and had to undergo an amputation.
It was the Claimant’s case that his thumb should have been operated on much sooner to remove the infection and that if this had happened, he would not have had to undergo the amputation. During the course of the claim the Claimant underwent a successful kidney and pancreas transplant which meant that he no longer suffered from diabetes.
The loss of the Claimant’s thumb had an impact on him psychologically as well as physically. He was unable to work as a painter and decorator and therefore made a claim for his loss of earnings.
The Defendant failed to provide a letter of response and so eventually the Claimant was forced to issue formal court proceedings in order to have the matter dealt with. The Defendant made several admissions in their Defence and eventually, the parties were able to agree to a settlement prior to exchanging witness statements and expert reports.
For more information on Devonshires Claims ‘No Win No Fee’ diabetes compensation claims service contact us today on 0333 900 8787 email admin@devonshiresclaims.co.uk or complete our online contact form.
