§ PUBLISHED JUDGMENT · 2010

Marcus v Medway Primary Care Trust & Anor

[2010] EWHC 1888 (QB)·High Court (Queen's Bench Division)·22 July 2010

A doctor at a same-day treatment centre in April 2005 examined a man with a cold, painful foot but her findings were recorded only on an X-ray request form and never passed to the GP, who then failed over several weeks to diagnose limb-threatening ischaemia. The court found negligence but held the leg could not have been saved, awarding only £2,000 for extra pain.

Outcome

Claimant succeeded

Sum stated in judgment

£2,000

Claim type

Vascular Negligence

Decided

Liability and damages decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Medway Primary Care Trust and Dr Ashiq Hussain

Injury: Below-knee amputation for limb ischaemia; damages for pain and suffering only

Specialty: General practice / vascular surgery · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“I award him £2,000 by way of general damages against the Second Defendant and assess the sum payable in respect of the period when the First and Second Defendant are jointly and severally liable to him as £1,500.”

The money

£2,000 general damages for avoidable pain; the main claim that the leg could have been saved failed on causation

§ WHY IT MATTERS

What this case shows.

Examination findings must be communicated to the next clinician, not left on a request form. Even proven negligence yields little compensation if the outcome could not have been changed.

About vascular negligence claims →

§ MORE VASCULAR NEGLIGENCE JUDGMENTS

Claim failed

Jacqueline Beatty v Lewisham and Greenwich NHS Trust

[2023] EWHC 3163 (KB)·2023·Liability decided at trial

Ms Beatty, in hospital with severe cellulitis, developed ischaemic toes; a vascular surgeon diagnosed vasculitis rather than an embolism and did not order a CT angiogram, and she later needed a below-knee amputation. The judge found the surgeon's diagnosis was supported by a responsible body of medical opinion and dismissed the claim.

A diagnosis that turns out to be wrong is not automatically negligent; if a responsible body of specialists would have reached the same view on the information available, the claim fails under the Bolam test.

Claim failed

Middleton v Frimley Health NHS Foundation Trust

[2022] EWHC 2981 (KB)·2022·Liability decided at trial

Mr Middleton's acutely ischaemic leg was diagnosed at lunchtime but bypass surgery did not happen until after midnight, about 14 hours later. The judge found it was reasonable to obtain CT imaging first and that surgery by mid-afternoon was not mandatory, and that earlier surgery would not have prevented the nerve injury in any event.

Obtaining imaging before emergency vascular surgery can be reasonable practice, and a claim fails unless earlier treatment would probably have avoided the injury.

Claimant succeeded£150,000

JAH v Burne & Ors

[2018] EWHC 3461 (QB)·2018·Liability decided at trial

A woman with learning difficulties lost her arm and leg to blood clots in 2012 after several doctors and a hospital failed to spot a blocked artery. Martin Spencer J found only Dr Jackson negligent and causative, and only for the arm, awarding the agreed £150,000.

Where several clinicians see a deteriorating patient, the court examines each contact separately. Compensation was limited to the injury that the negligent consultation could actually have prevented.

All vascular negligence judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

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