Overview

A young construction worker developed drop foot and constant pain in his left foot following surgery to repair fractures to his right foot and leg after a motor vehicle accident. Orthopaedic surgeons provided opinions that the further injury resulted from a breach of the standard of care, and the case concluded with a substantial settlement.

Key Takeaways

  • Settlement: Undisclosed substantial settlement
  • Accident Type: Motor vehicle accident followed by alleged medical malpractice
  • Primary Injury: Peroneal nerve palsy resulting in drop foot
  • Additional Injuries: Fractures to the right foot and right leg, neurological impairment of the left foot, and constant pain
  • Resolution Method: Settlement
  • Notable Legal Issues: Orthopaedic surgeons provided opinions that the further injury resulted from a breach of the standard of care during surgery
  • Medical Treatment: Surgery to repair fractures to the right foot and leg
  • Long-Term Impact: Drop foot and constant pain were the client’s most disabling impairments

The Case

Our client was a young man who made his living working on construction sites. While driving home, another motorist turned left in front of him, causing an accident that resulted in fractures to his right foot and right leg.

He underwent surgery to repair those injuries. Following the procedure, however, he experienced serious neurological impairment in his left foot, despite his original injuries being on his right side. Challenges during the surgery resulted in peroneal nerve palsy secondary to compression. The resulting drop foot and constant pain in his left foot became his most disabling impairments.

Opinions were obtained from orthopaedic surgeons who concluded that the further injury resulted from a breach of the standard of care by the physician in charge of the surgery. As a result, the Canadian Medical Protective Association (CMPA) contributed to a substantial settlement for the client.

Why It Matters

This case involved injuries arising from two distinct events: the original fractures caused by the motor vehicle accident and the neurological impairment that developed following surgery. Ultimately, the drop foot and constant pain became more disabling for the client than his original injuries.

The case also involved medical opinions addressing whether the additional injury resulted from a breach of the standard of care during surgery, which contributed to the resolution of the claim.