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Undiagnosed tendon injury case settled for client

A man with a snapped tendon has succeeded in his medical negligence claim

Posted on 07 September 2015

Leigh Day client Mr Robert McCartney has secured compensation after suffering from a damaged tendon which went undiagnosed by his GP.

Mr McCartney was represented by medical negligence solicitor Anna Brothers.

Mr McCartney brought a claim against his GP, Dr Jayasena, following treatment he received at the urgent care centre run by Care UK Clinical Services Ltd, based in Luton & Dunstable University Hospital.

On April 2010, Mr McCartney slipped backwards off a step and he felt a ‘snap’ in the back of his left ankle. It was painful to move and became swollen and discoloured.  It did not improve despite Mr McCartney applying ice to it and resting and so the next morning he went to the urgent care centre at Luton & Dunstable Hospital.

Mr McCartney was assessed by a nurse and GP during his admission, and had an X-ray.  After the x-ray, he was advised by the GP that nothing was broken and he should go home and rest.  

Over the next few weeks, Mr McCartney’s ankle did not improve.  He consulted his GP, and was referred to a podiatrist, who diagnosed tendonitis.  Mr McCartney’s ankle did not improve, and eventually he was referred to the orthopaedic department at Luton & Dunstable Hospital.

Mr McCartney saw a Consultant Orthopaedic Surgeon in September 2010 who confirmed there was clear evidence of a chronic and neglected rupture of the tendo-achilles.  

A complicating factor in this case was the fact that the NHS has in place complex arrangements in which they have commissioned private health care firms to provide services within the NHS.

It was unclear who owed a duty to Mr McCartney and, whilst the NHS and Care UK held this information, they refused to confirm what indemnity arrangements were in place between them.

In these circumstances the GP made admissions of liability. However, this was the only reason why the allegations of negligence against the hospital trust and the private health care company did not need to be pursued further.

Medical negligence solicitor at Leigh Day, Anna Brothers, said:

“The complex indemnity arrangements between the NHS and the private care provider meant that this relatively straightforward case became much more costly, and took much longer than it could have done.”

Mr McCartney when asked why he turned to Leigh Day said:

“I was impressed with Leigh Day's service during my personal injury claim so when I needed legal help again it was an easy choice.”