Athlete forced to abandon career after negligent foot surgery
Jamie Green secured a settlement for Lauren* in her claim against a London-based Foot and Ankle Surgeon after negligent surgery resulted in her having to abandon her planned career as a professional athlete.
Lauren had trained from a very young age and was on track to become a professional in her field when she started to notice some pain in her toe when performing certain movements, She sought the advice of a Foot and Ankle Surgeon and following scans was told that she had a small bone spur on her big toe that was causing the pain. The surgeon advised a minimally invasive cheilectomy to 'nick' the bit of bone off and reassured Lauren that she would be back training within six weeks.
Given this explanation, Lauren agreed to undergo surgery. The Surgeon failed to tell Lauren that the minimally invasive procedure was not a recognised operation for professional athletes or young people, failed to advise her about the other types of this surgery (for example, open surgery) and that there was a 10% chance that she would not be able to return to her training or proposed profession.
Lauren underwent the surgery a couple of weeks later. The Surgeon removed significantly more bone than was necessary to reduce impingement and pain. Lauren experienced severe pain after surgery and for months after. It was only when she finally had a repeat MRI scan that the extent of the bone removal was seen. Lauren was subsequently referred to another Foot and Ankle Surgeon who told her that she had had a massively overaggressive cheilectomy. This second Surgeon had to perform two further surgeries just to give Lauren her toe joint back.
Lauren is unable to pursue her career as a professional athlete, which she had trained and planned for her whole life. This has significantly impacted her career prospects and earnings. She found it very difficult to process and continues to have ongoing pain and limitations in her foot, which may be improved with yet further surgery in the future.
Once instructed, Jamie obtained a report from an independent Foot and Ankle Surgeon who concluded that Lauren had not been appropriately consented for the minimally invasive cheilectomy and that this had been performed negligently.
Jamie subsequently sent a Letter of Claim to the first Foot and Ankle Surgeon, who (via their insurers) denied liability. Jamie issued and served Court proceedings, and obtained reports from a Foot and Ankle Surgeon, Psychiatrist and employment expert to comment on Lauren's condition, prognosis and career prospects but for the negligence and now. He also obtained witness statements from Lauren's coaches to support her claim.
During a negotiation meeting in the weeks before trial, Jamie was able to secure a settlement for Lauren which will provide some financial security into the future.
Following settlement, Lauren said:
"Thank you for the kind words – I really cannot thank you enough for all your work over the last few years."
*Name changed
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For further information about surgery negligence claims and medical negligence claims, please call Jamie Green on 0330 460 6771 or email Jamie.Green@fieldfisher.com.
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