§ PUBLISHED JUDGMENT · 2016

Raggett v Kings College Hospital NHS Foundation Trust & Ors

[2016] EWHC 1604 (QB)·High Court (Queen's Bench Division)·1 July 2016

A man with known arterial disease and prior strokes developed severe foot pain and was treated for months by an orthopaedic surgeon, a pain specialist and a rheumatologist, none of whom checked for a vascular cause or felt for foot pulses. By the time critical ischaemia was diagnosed the leg could not be saved; the court found each of the three consultants negligent and held the leg was salvageable earlier.

Outcome

Claimant succeeded

Sum stated in judgment

Not stated

Claim type

Vascular Negligence

Decided

Liability decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Alfred Franklin (orthopaedic surgeon), Syed Asad Hussain (rheumatologist) and Magdi Henein Hanna (pain specialist); other defendants included Kings College Hospital NHS Foundation Trust and BMI Healthcare

Injury: Critical limb ischaemia missed for months, leading to above-knee amputation

Specialty: Vascular / orthopaedics / pain medicine · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“In the event, there will be judgment for the Claimant against the Second Third and Sixth Defendants; and there may also be judgment for the Fifth Defendant against the Claimant.”

The money

Judgment for the claimant against three consultants; damages expected to be agreed or assessed separately.

§ WHY IT MATTERS

What this case shows.

Clinicians treating limb pain in a high-risk arterial patient must exclude a vascular cause, which starts with checking pulses. Multiple specialists can each be liable for the same missed diagnosis.

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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