Orthopaedic Claim Fails: Ruth Tootell v Lancashire Teaching Hospitals NHS Foundation Trust (Manchester County Court, 12/10/12 — Mr Recorder Hinchliffe QC)

摘要

The Claimant was seen in the Accident and Emergency Department at the trust on 1 January 2006 following an assault and was diagnosed with a fracture dislocation of her right ankle. Open reduction and internal fixation of the ankle was performed on 6 January 2006. It was contended that the surgery was undertaken negligently and that a longer screw should have been used, passing through the fibula into the tibia to secure the ankle mortice joint and prevent the alleged subsequent widening of the medial joint space. It was also alleged that there was a failure to test the stability of the ankle joint at the time of surgery and to ensure the ankle was in a congruent position. The Claimant maintained that the trust misinterpreted postoperative X-rays, said by her experts to demonstrate an incongruent ankle joint in the form of widening of the medial joint space. It was pleaded that the Claimant should have been returned to theatre for further remedial surgery.