48-year-old Rachel Rutherford underwent an above knee amputation after NHS hospital failed to carry out emergency surgery after she was injured in a horse-riding accident.

When you undergo orthopaedic surgery after a traumatic injury, such as a serious leg or arm fracture, the aim of such surgery to repair the damage caused and make things better. However, this is not always the case and if mistakes are made with the surgery or the post-surgery management, this can lead to significant avoidable consequences. This can include life changes injury such to the need for amputation of a limb which would not otherwise have been required.   

This was sadly the case for Rachel Rutherford, after suffering injuries to her leg and knee during a horse-riding accident in 2020. She had an initial 5 hour operation to repair her shin bone by removing bone fragments and inserting metalwork.  

One of the risks after such surgery is of developing ‘compartment syndrome’, which is when there is an increase in pressure inside a muscle, which restricts blood flow. Compartment syndrome most often affects the muscles in the lower legs or forearms and as well as being caused by a traumatic injury, it can be caused by a cast or bandage being too tight or loss of blood supply due to the use of a tourniquet or positioning during surgery.  

Her treating surgeon was alive to the risk of compartment syndrome and asked colleagues to monitor Ms Rutherford for signs of developing this. The symptoms of compartment syndrome are: 

• A burning pain or deep ache in the affected muscle 

• Swelling or bulging of the muscle 

• Numbness, weakness or pins and needles 

• Tightness or difficulty move the affected body part 

She did indeed develop compartment syndrome but Ms Rutherford has claimed that the colleagues failed to comply with the surgeon’s instructions to check and assess her leg. This resulted in a delay in diagnosis and treatment of the compartment syndrome of at least 6 hours.  

This delay is very significant in the context of compartment syndrome, causing loss of muscle and the viability of the leg to reduce. Compartment syndrome, when it happens suddenly, as was the case for Ms Rutherford, needs urgent treatment, namely urgent fasciotomy surgery. This is when cuts are made through the fasci, which is a tough connective tissue that wraps around muscles, in order to relieve pressure.  

Ms Rutherford ended up undergoing 4 more unsuccessful operations at the Royal Cornwall Hospitals NHS Trust to try to reduce the pressure. When these surgeries proved unsuccessful at reducing the pressure, it was decided that there was no option but to amputate the leg above the knee.  

This was devastating for Ms Rutherford, who had previously been fit, healthy and very physically active. She is now having to adapt to life as an amputee and to chronic pain due to phantom limb pain. Although she has a prosthetic leg, her mobility is very different to how it was before and she is now much more reliant upon others for support and assistance. This is something that is only going to increase as she ages and this concern only adds to the psychological impact of the issues with her care and the need for amputation. 

A claim is ongoing against the Royal Cornwall Hospitals NHS Trust with Ms Rutherford saying that, had it not been for the delay in carrying out fasciotomy, her leg would have been saved and she would have regained full use. It is accepted by the Trust that they mismanaged her by failing to carry out emergency surgery to reduce the pressure but the Trust is so far denying that this mismanagement led to amputation. 

It is saddening that Ms Rutherford is needing to take action through the Courts to get the answers that she deserves from the hospital trust. No amount of compensation can ever truly acknowledge what Ms Rutherford or indeed any patient who has suffered such avoidable injury has gone through, but we recognise that it can go some way to provide financial security and peace of mind.  

Our Clinical Negligence department has vast experience and knowledge in relation to avoidable leg amputations related to trauma surgery; indeed, our team has recently settled a similar case to Ms Rutherford’s for a multi-million pound settlement, allowing the individual access to the best quality rehabilitation, including prosthetics, and reassurance that they will be able to have the best possible quality of life and level of independence.  

If you or a loved one have suffered similar issues following orthopaedic surgery,  please contact Williamsons Solicitors on 01482 323697 to discuss how we may be able to help.