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Failure to diagnose

doctor looking at scans

Case category:

Failure to diagnose

Case summary:

This claim was for failure to discover signs of DVT in the Claimant’s left leg following attendance for an injury sustained to his right ankle, despite clear signs from physiotherapy that DVT was present in the left leg.

As a result of the delay, the Claimant was left with a life-changing condition.

The case was referred to Temple Legal Protection and ATE/Litigation insurance cover was provided, at the time liability was denied. Due to the increased cost of the incurred disbursements and Defendant’s costs, the limit of indemnity was increased to £350,000 in order to fully protect the client.


The Claimant was awarded compensation of £480,000.

Comment from Dutton Gregory Solicitors:

“The insurance cover provided by Temple allowed the Claimant to successfully bring a claim where they would not have been able to – due to cost of obtaining medical evidence and paying Court fees. Without ATE insurance it is likely the claim would have not proceeded, and the Claimant would not have won £480,000.”

If you would like more information on our clinical negligence and serious injury ATE/ litigation insurance and funding products, please call 01483 577877 or send an email to

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