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  • Overview

    James Cahan, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured £34,000 for a young man who had his 2nd toe amputated unnecessarily causing on-going pain.

    The claimant in this medical negligence claim was a young man who at the age of 8 was involved in a road traffic accident resulting in a significant head injury. He was left with problems with executive function, mental fatigue and slower cognition. He also suffered with left-sided facial weakness.

    Within 6 months of the car accident he began to suffer problems with his left foot; his toes would curl up inside his shoes uncontrollably. The GP suspected that this was as a result of residual spasticity in his lower limbs following his head injury.

    He continued to suffer with spasms and a year later was referred to an orthopaedic surgeon at Maidstone & Tunbridge Wells NHS Trust. The GP explained in his referral that the claimant was suffering from hypertonic left-side with flexed toes.

    The consultant wrote to the GP after examining the claimant and said that the fundamental problem was that the second toe was deviating laterally and shearing against the third toe and was crowded by the 1st toe.

    The surgeon recommended amputating the 2nd toe and this took place four months later. Within a few months the claimant started to suffer with further problems with his toes. Following the amputation, his big toe moved laterally to fill the space left by the amputated 2nd toe which caused the claimant significant pain.

    The claimant was seen by the Neurology Department where his toe spasms where successfully treated using medication. Some years later during one of the consultations the claimant was told that the amputation had been unnecessary.

    James Cahan, acting for the claimant, successfully obtained an out-of-court settlement of £34,000 to compensate him for the pain and suffering of the unnecessary amputation and his on-going pain.

    James Cahan specialises in orthopaedic cases. If you would like to ask James a question about a potential case, or if you have a general query about any personal injury, contact James on 01892 701289 in confidence.

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