In this real-life case study we look at a failure to diagnose a hip fracture claim in which we successfully recovered compensation for our client.
Events surrounding the Hip Fracture
Our client was walking with her friend in the park when she lost her footing and fell onto her left hip.
She was taken to hospital for an x-ray. The x-ray caused concern and a CT scan was performed which was reported as showing no hip fracture.
Our client was discharged home with a roller Zimmer frame and plans for ongoing physiotherapy. However, as soon as she got home, she experienced significant pain, struggling to walk and get into and out of bed or a chair. Unfortunately, her pain and discomfort continued, and the GP raised concerns about her leg pain and inability to weight bear.
Our client was referred for a further x-ray which this time resulted in her being diagnosed with a hip fracture and she was transferred to the hospital for surgery.
The ‘failure to diagnose a hip fracture’ negligence claim
Caroline Webber-Brown, who is a partner specialising in medical accident law, took this case on under our popular No Win, No Fee funding arrangement.
Caroline instructed relevant medical experts to comment on whether there had been negligence and if so, what impact it had on our client’s condition.
The expert evidence identified that the initial CT scan showed the hip fracture and that there had been an 8-week delay in our client receiving the surgery. Caroline presented the case to the Defendant who initially defended the claim. Court proceedings were commenced which prompted the Defendant to admit that there had been a failure to correctly review and report the CT scan resulting in her experiencing an additional period of pain and suffering and a less favourable recovery from the surgery.
Following this, the hospital offered a sum of £10,000 in compensation. However, Caroline recommended that the offer be rejected as it did not fully reflect the extent of her client’s future needs as a result of her injury. After negotiating with the Defendant’s legal representatives Caroline was able to reach an increased settlement sum of £20,000.
For guidance on making a compensation claim for failure to diagnose a hip fracture contact our free legal helpline.
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