Perth man claims health staff bungle cost him his lower leg
By Hannah Murphy and Hamish Hastie
A Perth man has claimed the actions of a public hospital during a routine surgery led to the loss of his foot.
Brett Hurley is suing South Metropolitan Health Service and his local general practitioner after he went into septic shock and lost his right leg below the knee after failing to heal properly from ankle surgery.
The man was taken to Fiona Stanley Hospital for urgent surgery after repeat visits to Fremantle Hospital. Credit: Getty Images
Hurley, 48, was admitted to Fremantle Hospital in 2022 for treatment of his hindfoot valgus malunion – an injury to his foot that had failed to heal properly.
The surgery was expected to be a two-stage corrective osteotomy, which meant he would have screws and metal hardware in his right foot and ankle removed and the bone cut or reshaped to correct its alignment, according to his claim.
He went into surgery in May, but the operation couldn’t be completed as surgeons noticed his bone had grown over the fixation screws and needed to be removed to get them out.
The orthopaedic team reviewed his case the day after the surgery, and told nurse staff to change the dressing as his foot was “soaked in blood”, he claims.
He was discharged from hospital with the advice to keep his bandages in place and drying until further review in two weeks.
In June, Hurley alleges he went back and had some of his stitches out.
Doctors noticed his ankle was swollen, and there was “some maceration” on the outer wound, according to court documents.
Overall, they noted his wound had “healed well” and he was discharged again.
Two weeks later, he claims he went to his GP and complained of pain to his foot for the first time.
The writ does not detail any action his GP took, but said he noted down Hurley’s high blood pressure and the fact his wound was weeping.
Hurley went back to Fremantle Hospital for his six-week post-operative review, where doctors noticed there had been some separation of the edges on the wound.
Hurley was told to change his dressings every three to four days, and they’d review his injury again in two weeks.
Just two days later, Hurley’s pain began to worsen, and he was admitted again to hospital.
On this occasion, staff noted his foot was “hot, red and swollen”, with pus and signs of cellulitis.
“The attending medical officer formed the impression that the plaintiff was suffering sepsis secondary to right lower limb cellulitis,” the writ reads.
Hurley began to develop septic shock, and he was taken to Fiona Stanley Hospital for urgent surgery.
There, it was determined he had “abundant growth of streptococcus dysgalactiae and scanty growth of staphylococcus aureus”, according to the claim.
It was recommended they amputate Hurley’s right leg below the knee.
Lawyers for Hurley claimed he suffered personal injury, loss and damage as a result of the negligence of South Metropolitan health staff and his local GP, following his first admittance to hospital in May.
Hurley has claimed damages in the WA Supreme Court.
The South Metropolitan Health Service spokeswoman declined to comment.
They have yet to lodge a defence.
Hurley was also contacted for comment through his lawyers.
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