Mark Bowman was instructed by Faye in a medical claim for alleged negligence against West Hertfordshire Hospitals NHS Trust. Since Christmas 2008 Faye had suffered from pain and swelling in her right ankle.
She saw her GP and was referred to Mr Nikos Reissis, Consultant Orthopaedic Surgeon. Mr Reissis diagnosed instability in the lateral collateral ligament and unstable peronei tendons in the right ankle. After a number of follow up appointments he advised surgery, which took place on 22 June 2009. Following surgery, Faye was not advised to undergo any form of physiotherapy to mobilise and promote stability in her ankle.
Faye attended a number of post operative review appointments with Mr Reissis but still no further advice as to the need for physiotherapy was given. Faye continued to suffer from ongoing swelling, immobility and pain, as well as a bony lump in the ankle. A second operation was performed on 01 April 2010 to decompress the peroneal tendons and sural nerve. As with the first procedure, Faye alleged that no advice was given as to the need for post operative physiotherapy. Faye's right ankle remained painful and she required a third operation, this time under the care of a different surgeon, on 12 September 2011. Post operatively Faye was advised as to the need for physiotherapy and she made a good recovery from such surgery.
It was alleged on Faye's behalf that had she been referred for physiotherapy after her first operation then she would not have encountered so many problems and there would not have been a need for the second and third operation. If physiotherapy was recommended to her after her initial operation Faye would have recovered in 6 months as opposed to two and a half years, and she would have avoided significant periods of immobility, pain and suffering.
Liability was denied by the Defendants who argued that the need for physiotherapy was not essential, and that Faye would have required the additional operations in any event. In spite of the denial of liability we were able to secure a favourable out of court settlement which Faye accepted.
At the end of the case Faye commented:
"I have been impressed by the professionalism and integrity displayed by Mark throughout the above proceedings. He has offered sensible advice, responded promptly to any queries and ultimately secured an appropriate sum from the defendants for which I am extremely grateful."
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