It is clear that no person enters hospital for scheduled treatment or visits Accident and Emergecy and expects to leave with more problems than they entered with. However, when this does happen, what grounds can amount to medical negligence allowing you to claim compensation for your pain and suffering experienced? In this article we will look at some of the most common grounds that lead to claims as a result of the failure by an orthopaedic surgeon to treat at all or correcty, or to diagnose an injury at all or correctly.
Common Forms Of Negligence Claims Against Surgeons. There are a large number of different types of claims that can be made against surgeons, but common ones include:
* Failure to diagnose a fracture.
* Failure to identify the type of fracture subsequently leading to incorrect treatment.
* Failure to treat a fracture correctly.
* Refusal to refer for an X-ray.
Potential Consequences. Depending on the nature of the fracture and the treatment applied the consequences can range from minor problems correctable by further treatment (including surgery) to more serious or even life threatening consequences. By way of an example, if a neck fracture is not correctly diagnosed and the patient is discharged they could suffer serious longterm complications. A failure to diagnose a spinal cord fracture can lead to permanent paralysis.
What Action Should You Take? If you believe that you have sustained a fracture but a surgeon is refusing to X-ray you or has reviewed one but failed to notice the X-ray you should seek an urgent second opinion from another surgeon. This can be from another surgeon in the same hospital or in another hospital. You could also contact your local General Practitioner and explain your concerns.
We have seen and heard far too many stories where it is only at the patient's persistence (mainly due to ongoing severe pain) that they are correctly diagnosed sometime after the initial event. Thankfully on many occasions the correct treatment can still be applied to remedy the situation.
Can You Sue A Surgeon? If you have suffered a fracture and this has not been diagnosed, or has been incorrectly diagnosed, you should seek an opinion from a specialist medical negligence solicitor to see whether you can make a claim for compensation. They will review the circumstances leading up to the incident in question and decide whether the surgeon might have a case to answer for medical negligence. If they believe that your case is worth investigating they will obtain copies of your medical notes and X-rays and review them to find out why the surgeon made the choices and decisions that he did. They might then ask another orthopaedic surgeon to provide an opinion on the treatment provided by your surgeon.
Costs Of Suing A Surgeon. The legal costs and expenses when suing a surgeon can be significant. However, there are now a variety of funding options available for you and often a solicitor will review your case for your initially for no charge. You will need to check with the solicitor in question when you first make contact. If they advise you that you seem to have a strong claim, they will then explain whether you qualify for legal aid or if a No Win, No Fee funding arrangement will be available for you. You can then decide whether you would like to proceed with the claim.
Summary. Many surgeons deal with hundreds and thousands of patients throughout the year. Fortunately it is more rare than common that they make serious mistakes. However, when they do and if you suffer as a result of that mistake, you may be able to make a claim for medical negligence.
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Glynns are specialist Medical Negligence Solicitors and Personal Injury Solicitors offering free initial reviews of all claim enquiries and a variety of funding options. Find Bath Solicitors now? Nick Jervis is a solicitor (non-practising) and a consultant to Glynns Solicitors.
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