NHS Claims: Failure to Diagnose a Fracture – Injury Lawyers Advice

We all can appreciate that much of the NHS is fighting an uphill battle in these dark financial times. But there is an expected duty of care that the NHS must maintain to ensure that we as the taxpayer are not failed by the NHS by them not doing their jobs properly.

We specialise in clinical negligence cases and have many years of experience in fighting and winning them. They are inherently difficult to win because it can be very hard to prove that negligence has occurred as opposed to an inherent and / or unavoidable risk.

Do you have a Claim?

We must prove that an NHS professional has failed to do their job properly. When it comes to fractures, we need to look at what steps the NHS have taken to assess whether they were reasonable. We also need to see what evidence is in your medical records.

Failure to Spot

If you had an x-ray and you were informed that no fracture occurred, only to later find out that there was a visible fracture on the x-ray image that the medical professional failed to spot, you may have a claim. In this scenario we have evidence to show that the fracture was missed. We would then need another privately instructed expert to assess the image to confirm whether they believe it was too difficult to spot or not. At the same time, we could look at the images ourselves.

Failure to Confirm Extent

It could be the case that you are informed there is a minor fracture that then transpires to be a significant fracture. Let’s say you fractured your ankle and you were placed in cast and advised to come back after a few weeks. You return and complain of further pain but nothing is done. Complications arise as it transpires you need pins and plates or realignment which needs to be done surgically.

Again, we can look at the x-ray imagery and see if it is the case that the extent of the fracture was missed. The image may clearly show that this was not a straightforward break and more should have been done right from the start.

Failure to Investigate

If you complain of pain at A&E and they fail to do an x-ray, this could also be negligent. This can depend on the circumstances as it may not be advised to have an x-ray done if the swelling is too much. As the same time the swelling may obscure the accuracy of an x-ray image.

If you retuned several times and continued of pains and problems and no further investigation was done, there may be a claim for failing to treat you properly.

100% for Medical Negligence Claims

For medical negligence we can still offer you a 100% compensation agreement. Call us today on 0800 634 75 75 for expert help and advice.