Durham man paid out £240k after infection led to leg amputation

The man, who wishes to remain anonymous, was taken to the University Hospital of North Durham in May 2020 after falling in the kitchen of his home.

But rather than perform surgery, doctors put the 63-year-old's fractured ankle into a full cast, followed by a moon boot two months later.

Over the course of the next seven months, the pain in his leg became “unbearable” - and after regular x-rays revealed it was getting worse, complicated surgery was required by October. 

He was eventually sent home after a period of rehabilitation and advised not to put weight on his leg, but continued to suffer “electric shock” and "throbbing" pains.

It became “unbearable” by February 2021, and after calling his GP, he was taken to hospital after being seen at home by a nurse.

He was told he had an MRSA infection that had spread up the leg and to his left shoulder - and the only option to save his life was a below-the-knee amputation. 

The man has since brought a legal case against the County Durham and Darlington NHS Foundation Trust, claiming “negligent treatment” led to the “avoidable” amputation.

The trust said it has "carefully reviewed the circumstances" regarding the incident and has "taken steps to strengthen patient safety".

The payout comes at a turbulent time for the trust, which recently came under fire for deteriorating standards of care and a culture of "turning a blind eye" at a recent CQC inspection.

There is also an ongoing probe into failings at the trust's breast cancer services, with more than 1,500 patient records under review and calls being made for urgent reforms.

The man, who wishes to remain anonymous, said he was “devastated and confused” as he could not understand how his ankle had deteriorated so badly. 

“This has been life-changing for me”, he said. 

“I struggled with the changes and no longer being able to do the things I could do before and the new way I would have to live my life.

“I’ve also suffered from phantom limb syndrome, where I feel pain as if my leg is still there.

“My life can never be the same and I have struggled with the mental impact it has had on me. 

“It has been difficult to comprehend and come to terms with. I sometimes sit and feel sorry for myself as I now find life so hard.”

Trust 'determined to learn' and has 'taken steps'

Hudgell Solicitors, which represented the man, argued that fixation surgery should have been carried out on his first admission to hospital in May 2020. 

Solicitors say the trust told them this did not happen due to the Covid pandemic’s strict guidelines, where the NHS was told to postpone non-urgent elective surgery. 

But the firm said he should also not have been placed in a moon boot due to the instability of his fracture.

It also argued the trust failed to follow MRSA decolonisation guidance and to start antibiotic therapy when he was admitted in 2021, which could have avoided the spread of the infection.

The trust said it has improved MRSA screening processes and increased screening rates where appropriate and is "determined to learn from this experience".

Solicitor Joshua Armstrong said he was disappointed that the trust “denied the allegations of negligence at the outset of the claim”. 

But, he said: “I am pleased that we managed to achieve a substantial out-of-court settlement for my Client, which he can now use to put in place care packages that he so desperately needs to improve his quality of life.” 

A spokesperson at the trust said: “We have carefully reviewed the circumstances surrounding this incident and have taken steps to strengthen patient safety and the care we provide.

"We have improved our MRSA screening processes and increased screening rates where appropriate.

"We have also strengthened our antimicrobial stewardship by improving the appropriate use of antibiotics, including the introduction of a specialist pharmacist dedicated to supporting antibiotic stewardship.

“Every patient deserves safe, high-quality, compassionate care.

"We are determined to learn from this experience, continue improving our services, and do everything we can to prevent similar incidents from happening in the future.”