Compensation secured for member after diagnosis error

Unite Legal Services has supported Vince Rosato in a compensation claim after he developed a painful muscle syndrome that was misdiagnosed.

The 54-year-old was informed by an anaesthetist that substantial pain in his right calf muscle, which developed after an operation, was most likely deep vein thrombosis (DVT). Vince was advised to seek treatment the following day.

His pain failed to subside and he visited a surgeon in the morning, who diagnosed him with acute compartment syndrome, a swelling in the area between muscle tissue that restricted the blood supply to his leg.

He said: “Once my planned operation had finished I thought that would be that and I would be back on my feet in no time. I knew something was wrong when my calf started really hurting and by the next morning I was in agony.”

Vince was immediately operated on, but the delay meant it was not successful, leaving the member with weakness in his leg, numbness and clawing of his toes. He needed six months off work and can’t go running like he used to.

“To discover I had developed a serious condition that went unrecognised, despite my repeated complaints, is infuriating,” Vince added. “Had it been left any longer, who knows how much worse it could have got. Thankfully I’ve been able to return to work and get on with my life but, if it wasn’t for the support of, and compensation secured by, Unite Legal Services, I have no idea how I would have sustained myself financially through that time.”

Vince contacted Unite Legal Services, securing a settlement of £37,000.

Stuart Davis, Unite the union regional legal officer in the south west, said: “While we’re glad to see that Vince is working again, the injuries he sustained as a result of the compartment syndrome will likely affect him for years to come, which is unacceptable considering that it was caused by an avoidable error.

“Unite Legal Services proudly works to ensure our members are fairly represented and receive 100 per cent of the compensation when they are mistreated or misdiagnosed in hospital.”