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£100,000 awarded following delay in diagnosis of a patella tendon rupture

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£100,000 awarded following delay in diagnosis of a patella tendon rupture

Our medical negligence team represented Thomas in this difficult case arising from a delayed diagnosis and treatment of a patella tendon rupture. Thomas had ongoing functional problems with his knee which affected his ability to bear weight on the flexed knee, climb stairs, kneel or crouch and interfered with his sporting interests.

Liability was rigorously defended by the 3 GP defendants, and Thomas’ case was hampered by his own delayed presentation to his GP following his injury. The evidence of Thomas’ orthopaedic expert was that prompt treatment by the first defendant GP would have probably resulted in 90-95% recovery of his knee function, compared with his current 40%, with diminishing prospects in terms of percentage recovery in relation to the second and third defendant GPs who attended him subsequently.

There were also risks on quantum; Thomas was in employment as an IT consultant but claimed loss of earnings on the basis that his injury had prevented him from moving, as intended, to freelance consulting.

Despite these difficulties, Boyes Turner’s specialist medical negligence solicitors obtained a very good settlement against the first defendant GP, in the sum of £100,000, of which about £75,000 was attributed to loss of earnings. The first defendant met Thomas’ costs against the second and third defendants against whom the claim was discontinued.

Thomas commented as follows following the settlement:

“After completing extensive research into negligence firms, I decided to place my trust in Boyes Turner. At no point in my dealings with the firm did I ever have cause for concern. I wasn’t interested in any firm that promised cash upfront or gimmicks such as iPads etc.; instead I chose to deal with a professional firm who put client care at the top of their priorities and Boyes Turner lived up to this and more. I had dealings with 2 solicitors due to maternity leave and the transition was handled expertly and I truly believe not one inch of ground was lost in leading my case due to this switchover. Both Nicola & Vanessa were excellent. Expectations were expertly managed, legalese was handled for a layman with ease and constant advice and support was provided throughout. Not once did I have to push for actions to be completed or chase for updates due – each and every aspect of my case was dealt with swiftly and with due care and respect. This covered discussing medical points to assessing future outcomes due to my negligence. I’ve now received a truly fantastic outcome that Boyes Turner should be proud of – they were fantastic from day one to the last correspondence and both myself and my family will be ever grateful and thankful for all their efforts. Thanks to all at Boyes Turner and keep up the tremendous work!”

Written by

image of Susan Brown

Susan Brown

Partner and Head of Medical Negligence

Susan leads the medical negligence team and is recognised as a leading lawyer in the UK, specialising in high value brain injury and cerebral palsy cases.

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