Damages for Delay in Diagnosing Ruptured Achilles Tendon

A man has secured damages after a delay in diagnosing him with a ruptured Achilles tendon led to a significantly worse prognosis.

The man was at an outdoor activity centre when he misjudged a step and fell, experiencing pain in his right ankle. After he attended hospital, he was advised by a doctor that his ankle was not broken and was likely to be sprained.

However, he struggled to put weight on his right foot and his ankle remained swollen. Nearly a month later, he attended a different hospital and a nurse diagnosed a ruptured Achilles tendon. This was subsequently confirmed by an MRI scan. He was advised that surgery was the only option by this time. He underwent a successful operation but was told that his recovery would be lengthy. He underwent six months of physiotherapy.

He made a formal complaint to the hospital he had attended originally. The hospital admitted that the failure to diagnose the ruptured Achilles tendon at the time was unacceptable. After he brought a claim, expert evidence established that, had the correct diagnosis been made when he first attended hospital, it was likely that more conservative treatment options could have been pursued. As a result of the delay, he was likely to have ongoing disability.

An initial settlement offer of £10,000 was rejected and his claim was subsequently settled for £17,500.