Claim for negligently provoked DVT and risk of Post Thrombotic Syndrome

In April 2003, Ms GKS injured her left foot while out running. She attended a Minor Injuries Unit (MIU) in Sevenoaks, Kent and was told she had a likely soft tissue injury. In any event, the MIU did not have x-ray facilities and advised Ms GKS to attend the Bromley Healthcare Urgent Care Centre (UCC) if problems persisted.

Ms GKS did attend the UCC and following an x-ray of her left foot was diagnosed with an avulsion fracture of her foot and treated with a Plaster of Paris (POP) cast. One week later, Ms GKS developed pain in her left calf beneath the POP and was admitted to the Princess Royal University Hospital where a deep vein thrombosis was diagnosed and anticoagulation therapy commenced.

Ms GKS instructed Peter in the late summer of 2013 and Peter went about obtaining her medical records and obtaining expert evidence on liability and causation from an expert in A&E medicine and expert vascular surgeon. This evidence supported the finding the x-Ray had been negligently interpreted as showing a fracture and that the POP had been applied negligently.

A Letter of Claim setting out the allegations of negligence were sent to the Trust and the National Health Service Litigation Authority (NHS LA) the Special Health Authority that represents Health Service Trusts in Legal Claims such as this.

Eventually, liability was admitted in the Letter of Response but Ms GKS was put to proof on damage. Peter obtained expert evidence from a vascular surgeon on Mrs GKS DVT injury and this evidence advised that Ms GKS was at risk of a condition known as post thrombotic syndrome (PTS) as a result of the DVT provoked by the negligent diagnosis of avulsion fracture and resultant application of the POP.

An offer to settle the claim for the sum of £5000 was put forward by the NHS LA but Peter advised Ms GKS to reject this offer and eventually after the issue of formal court proceedings and the service of Particulars of Claim the NHS LA appointed specialist solicitors in London who served a Defence and obtained expert evidence of their own.

The Claim was eventually compromised by amicable negotiation for £25,000 being 5 times the amount of the original offer made by the NHS LA before proceedings.