Mr D, now aged 71, suffered a severe ankle sprain.  Despite several attendances at his local hospital and repeat attendances at his GP, he was never offered appropriate treatment from an Orthopaedic Consultant.  Mr D continued to experience significant problems with his mobility and his independence was greatly affected.

Expert evidence was obtained which revealed that Mr D should have been seen by an appropriate Consultant and, if he had been, he would probably have made an almost complete recovery from the injury.  The Defendant had missed the opportunity to treat Mr D and it was therefore highly unlikely that normal functionality could later be restored.  No such treatment was ever offered by the Defendant in any event.

The Defendant accepted that Mr D had not been seen by an appropriate Doctor, but maintained that even appropriate treatment would not have materially improved the ankle function.

The matter was listed for Trial, but before it commenced the Defendant requested a joint meeting.  The parties ultimately agreed to settle the claim and Mr D received £65,000, which reflected his other health concerns.