Claimant awarded £65,000 due to mismanagement and negligently performed surgery on her ingrowing toenail

2 Apr 2017 | Case Studies

S v Dr. Subhash Kaushal was a medical negligence case concerning treatment provided to a 17 year old claimant by her GP in respect of the management of her ingrowing toenail.

The claimant underwent a wedge resection in April 2013. However, no nail was removed and only two small areas of skin were excised from either side of the toenail. Following the procedure the claimant suffered pain, bleeding and symptoms of an infection including the toe turning a blue/grey colour. Black areas then started to show and by this time our client was already unable to walk and was in great pain.

It was alleged the surgery performed in April 2013 was negligently performed and that there had been a failure to refer our client to hospital. By the time the claimant was referred to hospital her toe was heavily infected and required several procedures to remove dead and infected tissue from the wound. She was told her toe would have to be amputated and was very distressed by this.

Luckily the procedures worked and the claimant’s big toe was not amputated. Sadly the toe was severely disfigured with half of the big toe now missing and ending in a prominent “point”. It is now painful for the claimant to walk and she continues to be unable to wear open toed shoes or fashionable shoes due to the toe being “compressed”.

The Settlement

A settlement was reached in the total sum of £65,000.

The compensation enabled her to undertake counselling to help her come to terms with what has happened to her, for her suffering and loss of amenity and for items such as the padding/protection for her toe, insoles, podiatry appointments and travel expenses.

Date of Judgment/Settlement: 12.01.17
Court: Out of court settlement
Claimant Solicitor: Helen Neville
Claimant Age at date of accident/negligence: 17
Age at date of trial/settlement: 20

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