Damages recovered for the dependants and estate of diabetic man who died after Welsh hospitals failed to treat a toe infection

Oliver Chapman, with assistance from Flora Midgley, both specialist clinical negligence solicitors, successfully obtained a six figure settlement to compensate the estate and dependants of a diabetic man who died following negligent management of a right fourth toe infection.

ST, who was in his fifties, had numerous co-morbidities, including poorly controlled type II diabetes. On 16 December, he was referred for urgent admission to Ysbyty Ystrad Fawr Hospital after it was noted that a “right fourth toe infection had spread with surrounded cellulitis to the knee”.

Upon admission he was diagnosed with an infection of the fourth right toe and cellulitis to the right lower limb. IV antibiotics were instigated awaiting orthopaedic review. In the meantime, osteomyelitis of the distal phalanx of the right fourth toe was confirmed by MRI on 18 December. However, he was not seen by the orthopaedic team until 24 December, at which stage he was discharged home, with oral antibiotics only.

In the following days his symptoms worsened and he was readmitted to Royal Gwent Hospital on 2 January following an appointment with an out-of-hours GP. At this time his right fourth toe was “black, odorous and gangrenous” and he was diagnosed with wet gangrene.

Following readmission, ST’s condition deteriorated and by 4 January he had developed sepsis. On 7 January 2020 underwent surgical removal of the right fourth toe and was transferred to ICU. He began to suffer multi-organ failure on 10 January, which continued over the following days.

He died on 15 January.

We were instructed by ST’s widow and represented her family’s interests at an inquest. The coroner’s verdict was “death by natural causes”.

The defendant denied liability and we issued court proceedings.

Our experts were highly critical of the standard of care provided to ST, not least the decision to discharge him on 24 December 2020, on oral antibiotics only, rather than amputating the toe and continuing intravenous antibiotics.

Our experts advised that had the right fourth toe been amputated on or prior to 27 December, ST would have survived, with a life expectancy of approximately 70 years.

Our experts advised that upon failing to amputate the toe, the defendant could still have saved his life if they had undertaken a below the knee amputation following his readmission on 2 January (albeit in this scenario his life expectancy would have been reduced to about 65).

Upon serving proceedings, the defendant continued to deny liability, but immediately made an offer of settlement. Further offers were exchanged between the parties leading to settlement of the case for a six figure sum.

Oliver Chapman and Flora Midgley specialise in clinical negligence cases.  If you would like to ask either of them a question about a potential case, or if you have a general query about any personal injury, contact Oliver or Flora at Thomson Snell & Passmore solicitors on 01892 701234 or 01892 701379 respectively in confidence.