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22 October 2022 | Case Study | Article by Lesley Herbertson

Woman has leg amputated and receives over £1 million


After being diagnosed with compartment syndrome, Janet endured a same-day above knee amputation. Janet was 64 when she underwent a total left knee replacement at a private Manchester hospital which was arranged and funded by the NHS.

Immediately after surgery, she had a little bit of pain but two days after the operation her whole leg felt heavy and she had painful spasms so she missed her physio appointment.

The next day, her leg was tight and swollen and so she was taken to hospital where she had an X-ray and Deep Vein Thrombosis (DVT) was diagnosed.

Janet was put on a blood thinning drug and, despite being in significant pain, she was discharged home.

She remained at home where she was still in a great deal of pain and so she contacted the surgeon at the private hospital who told her to elevate the leg and to take pain killers.

Five days later, Janet’s leg was so painful she phoned the surgeon again and was this time told to go to A&E.

Janet was seen by a series of orthopaedic and vascular surgeons who diagnosed compartment syndrome and therefore an emergency above knee amputation was performed the same day.

Lesley Herbertson acted on Janet’s behalf and said:

This was a case in which we had an early admission of liability which meant that we could concentrate our efforts on ensuring that we secured the right amount of compensation for Janet who had gone from me a fit and healthy 64 year old, to someone who had to come to terms with losing part of a lower limb and all that meant in terms of restricted mobility and the impact upon her quality of life.

The claim proceeded in respect of the value only and a settlement of £1.15 million was achieved.

This settlement enabled Janet to buy an appropriate and comfortable prosthetic lower left leg, to move into an adapted bungalow and to secure the care and therapy that she needed.

The names and identifying details of the client have been changed to protect the privacy of individuals involved.

Author bio

Lesley Herbertson is a Partner at Hugh James and a leading medical negligence solicitor with over 30 years’ experience in dealing with catastrophic and serious injury medical negligence cases.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

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