Delayed Treatment of Charcot Foot

When Can You File a Clinical Negligence Claim?

Charcot foot is a serious condition linked to diabetes and delayed treatment of Charcot Foot may lead to infection or even the foot collapsing. It typically affected those with neuropathy which is nerve damage with numbness. It results in the foot becoming fragile and which may start to break or dislocate due to minor force – even standing or walking.

While it is fairly rare and early symptoms are subtle, anyone with diabetes is advised to have an annual foot check. The first typical signs may be your foot becoming red, hot and swollen. It is crucial to seek medical help and put your foot up to take the weight off it.

A delayed diagnosis or misdiagnosis of this condition may lead to severe complications. If you have suffered due to delayed treatment of Charcot Foot, Jefferies Claims can help regarding a potential medical negligence claim for compensation.

What is Charcot Foot?

Charcot foot is a progressive condition affecting the bones, joints, and soft tissues of the foot and ankle. It occurs in people with peripheral neuropathy, a condition that causes nerve damage. This damage is often due to diabetes and leads to a loss of protective sensation in the feet.

So, when someone with neuropathy continues to walk on a foot with minor trauma, they may not feel the pain or injury. This allows for further damage. As the condition progresses, the bones in the foot can fracture and dislocate.

Without timely diagnosis and treatment, the foot can become misshapen and unstable. Additionally, this results in a high risk of ulcers and infections, ultimately increasing the risk of amputation.

Signs and Symptoms of Charcot Foot

Early recognition is critical. Symptoms of acute Charcot foot may include:

• Redness and warmth of the foot
• Swelling
• Mild to no pain despite visible deformities
• Increased skin temperature over the affected area

Because these symptoms can mimic other conditions such as cellulitis, deep vein thrombosis (DVT), or gout, there is potential for misdiagnosis. A healthcare provider may  fail to consider the patient’s underlying diabetic or neuropathic risk.

Why Delayed Diagnosis is Risky

Timely intervention in Charcot foot is essential. Delays in diagnosis or treatment can lead to:

 

• Permanent foot deformity
• Joint dislocation and bone fractures
• Development of ulcers due to abnormal pressure
• Chronic infections
• Increased risk of amputation
• Reduced mobility and quality of life

In many cases, early treatment can halt the progression of the disease and preserve limb function. However, this window of opportunity can close quickly.

What Constitutes Delayed Treatment?

Delayed treatment of Charcot foot typically occurs due to:

1. Failure to suspect Charcot foot in at-risk patients, especially diabetics presenting with red, swollen feet.
2. Misdiagnosis as cellulitis or other common conditions, leading to inappropriate treatments (e.g., antibiotics).
3. Delayed referrals to specialists, such as diabetic foot teams or orthopaedic surgeons.
4. Failure to provide immobilisation or offloading in time.

Diabetic patients should receive annual foot assessments.

When Can You Make a Clinical Negligence Claim

If you’ve suffered harm due to delayed diagnosis or treatment of Charcot foot, you may be eligible to make a clinical negligence claim. This is when a healthcare professional breaches their duty of care which causes you avoidable harm.

To make a successful claim, you generally need to prove:

Duty of Care

All healthcare providers owe their patients a legal duty to provide care that meets a reasonable standard. So, this is rarely contested.

Breach of Duty

You must show that the care you received fell below an acceptable standard. In Charcot foot cases, this may possibly include:

• Not referring a high-risk patient for urgent imaging or specialist input
• Misdiagnosing the condition without appropriate investigation
• Not prescribing immobilisation or offloading quickly enough
• Failure to follow established diabetic foot care pathways

Causation

You must show that this breach directly caused your injury or worsened outcome. For example, if earlier diagnosis and treatment would have prevented amputation, the delayed diagnosis may be the result of that outcome.

Examples of Clinical Negligence in Charcot Foot Cases

Example 1: Missed Diagnosis by a GP

A diabetic patient presents to their GP with a red, swollen foot. The GP diagnoses cellulitis and prescribes antibiotics, failing to consider Charcot Foot. After several weeks, the foot collapses and the patient is diagnosed with advanced Charcot arthropathy. This later requires amputation.

If it can be shown that an earlier referral and offloading would have prevented this, a claim may be successful.

Example 2: Delay in Hospital

A patient admitted with foot swelling is seen but not referred to the diabetic foot team or given appropriate imaging. Only after a week of unnecessary walking does a diagnosis emerge. The delay has worsened the deformity and the patient suffers long-term mobility issues. Again, this may be grounds for a claim.

What Can You Claim For?

Generally, compensation for a successful claim may cover:

• Pain and suffering
• Cost of prosthetics or mobility aids
• Loss of earnings
• Future care and treatment
• Adaptations to your home
• Travel and medical expenses

If you think your Charcot foot was mismanaged, you should seek legal advice as early as possible. To start a claim, you typically have three years from the date of the negligence, or from when you first realised negligence has occurred.

Take The Next Step

It is important to obtain evidence for your claim. This can include your medical records as well as a timeline of events. Your personal injury lawyer will help you with this, as well as arranging independent medical opinion to support your case. Most cases are settled out of court.

As clinical medical negligence can be complicated, you should consult with a lawyer with considerable knowledge about claims in this field. At Jefferies Claims, we work with highly experienced lawyers who operate on a ‘No Win, No Fee’ basis and your information remains confidential.

Contact Jefferies Claims today at 0333 358 3034 or complete our online contact form to arrange a free, no-obligation telephone consultation.