Settlement for Athlete After Negligent Foot Surgery

A woman who was forced to give up a promising career as an athlete after undergoing foot surgery has secured damages.

After experiencing pain in her toe, she consulted a foot and ankle surgeon and was told that she had a small bone spur. The surgeon assured her that she would be able to resume training within weeks of undergoing surgery. She was not told that the surgery was not a recognised operation for professional athletes or young people and there was a chance that she would not be able to resume training. The surgeon also failed to advise her of other possible types of surgery.

She suffered severe pain following the operation, and an MRI scan later revealed that significantly more bone had been removed than was necessary. She then underwent further surgery. As well as continuing to experience pain in her foot, she is no longer able to pursue a career as an athlete, which she had trained for since she was very young.

She sought legal advice. A medical report was obtained which concluded that she had not given her informed consent to the initial surgery and that it had been negligently performed.

A claim was brought against the surgeon, who denied liability. Evidence was obtained of the impact the negligent surgery was likely to have on her future earnings and, before the case came to trial, a settlement was successfully negotiated.