Last Updated on May 14, 2025 by tanya

How To File a Medical Negligence Claim for Charcot Foot

 

Delayed Diagnosis and Misdiagnosis May Cause Harm

 

If you have suffered from a misdiagnosis or delayed diagnosis, you may want to find out how to file a medical negligence claim for Charcot Foot. It is a rare but serious complication often associated with diabetes. Typically, it leads to weakening of the bones, joints, and soft tissues in the foot or ankle.

However, without timely diagnosis and proper treatment, Charcot foot can result in severe deformities, disability, and even amputation. When healthcare professionals fail to diagnose or misdiagnose this condition, the consequences may be severe.

If you or a loved one has suffered due to a delayed diagnosis or misdiagnosis of Charcot foot, you may want to find out more about filing a medical negligence claim.

 

We partner with highly experienced lawyers who work on a ‘No Win, No Fee’ basis who can assess your case and advise if it is valid.

 

Why Early Treatment Is Essential

 

Charcot foot is a progressive condition that typically affects people with peripheral neuropathy. This is basically a loss of sensation in the limbs and which is generally  caused by diabetes. Because of the nerve damage, individuals may not feel pain or injuries in their feet.

This lack of sensation can allow small fractures or joint dislocations to go unnoticed and worsen over time. As the condition progresses, the foot may potentially collapse and become severely deformed.

Common early signs of Charcot foot include:

 

• Swelling
• Redness
• Warmth in the affected foot
• Changes in foot shape
• Mild or no pain

 

Prompt recognition and treatment may prevent serious damage occurring. This usually involves immobilisation and off-loading the foot. However, due to the subtlety of early symptoms and its rarity, Charcot foot is may possibly be misdiagnosed as cellulitis, gout, deep vein thrombosis, or a sprain. This can lead to delays in starting the proper required treatment.

 

Delayed Diagnosis and Misdiagnosis

 

Medical negligence may occur when a health provider breaches their duty of care which results in avoidable harm to the patient. In cases involving Charcot foot, signs of negligence may include:

 

• Failing to recognise red flag symptoms
• Not referring the patient to a specialist in a timely manner
• Misinterpreting imaging results (e.g. X-rays or MRIs)
• Misdiagnosing the condition as a less serious issue
• Inadequate follow-up or monitoring

 

The critical issue is whether a competent medical professional in the same position would have acted differently. If so, and the failure led to harm, for example worsening of the foot deformity, increased pain, prolonged immobility, or amputation, you may have grounds for a medical negligence claim.

 

Possible Consequences of a Delayed or Missed Diagnosis

 

When Charcot foot is not diagnosed early:

 

• The bones in the foot may continue to fracture and fragment.
• The arch of the foot may collapse, resulting in a “rocker-bottom” deformity.
• Severe deformity can lead to ulceration due to abnormal pressure points.
• Ulcers can become infected.
• Mobility may be permanently affected, necessitating long-term use of orthotics or wheelchairs.

 

Key Elements Of Medical Negligence Claim

 

To bring a successful medical negligence claim, you will need to prove three important points:

 

1. Duty of Care: The healthcare provider owed you a duty of care, which is generally straightforward.
2. Breach of Duty: The care provided fell below the standard expected of a competent professional. This often requires expert medical testimony.
3. Causation: You must show that the breach directly caused you harm. In Charcot foot cases. This means you will need to show that the delayed or incorrect diagnosis resulted in a worse outcome than if you had received timely and appropriate care.

 

How To File A Medical Negligence Claim

 

Seek Legal Advice It’s crucial to speak with a solicitor experienced in medical negligence. They will assess whether your case is viable, often through a free initial consultation. Also check for firms that operate on a “No Win, No Fee” basis. This means you won’t pay legal costs unless your case is successful.

 

Collect Evidence This includes obtaining medical records, letters of referral, test results, prescriptions, and photographs of your condition. Statements from family members and carers can also help to support your account.

 

Obtain Expert Opinions Independent medical experts will review your case to establish whether negligence occurred and what the likely outcome would have been with proper care.

 

Time Limits

You generally have three years from the date you became aware of the negligence (known as the “date of knowledge”) to start legal proceedings. Exceptions may apply if the claimant lacks mental capacity or for children under 18.

How Much Will Compensation Be?

 

Compensation is intended to return you to the position you would have been in without the negligence (as much as possible). It can typically include:

 

General damages: For pain, suffering, and loss of amenity

Special damages: For financial losses, such as:

• • Medical treatment costs
  • Lost income
  • Travel expenses
  • Adaptations to your home or car
  • Mobility aids
  • Future care and support needs

In severe Charcot foot cases involving amputation or lifelong disability, the compensation may be substantial.

Get In Touch

 

Charcot Foot requires early intervention. If it is misdiagnosed or diagnosed late, the repercussions for your health may be significant. Medical negligence claims can be complex, so it’s advisable to contact a solicitor as early as you can.

 

If you or a loved one have suffered through no fault of your own and are considering making a medical negligence claim, contact First Personal Injury. We can guide you through the process to get the compensation you deserve.

We work with highly experienced lawyers who work on a ‘No Win, No Fee’ basis. Call us at 0333 358 2345 or contact us online for a free, no-obligation consultation.