Last week a Yorkshire woman won her compensation claim against the NHS North Yorkshire and York Hospital Trust after a hospital failed to spot that her foot was broken for a period of four months.
The 52-year-old woman could not walk due to the tremendous pain and yet, despite having an X-ray on her foot, doctors still did not realise that it was broken.
The woman thought something was untoward but did not like to challenge the doctors, especially as an x ray had been done. However, they mis-read the x-ray as it clearly showed a broken bone and so they neglected to tell her and also failed to take any action to reset the bone.
On a second visit to the hospital at a routine clinic she was told she just needed to rest the injury. However, due to continuing pain over the next two months she decided to go to see her GP Two months and it was only then that she was given the accurate diagnosis.
The bone took much longer to heal than it should have done because the correct treatment was delayed and this caused her to suffer more pain and discomfort than she would have had to suffer.
Blacks Solicitors know that claims for medical negligence against the NHS (a hospital or a GP) or against a private health provider can be difficult and you will need help and understanding. To be successful in a claim you must prove that there has been a breach of duty (the care or treatment received was substandard or unacceptable by the usual standards of the medical profession; this is important as a simple mistake or unintended and/or unfortunate consequences of medical treatment may not necessarily be negligent). Also it is necessary to prove that the substandard care or treatment actually caused the injury or made the condition worse than it would otherwise have been.
Blacks can offer a conditional fee agreement (more commonly known as a ‘No Win, No Fee’ agreement) with the protection of appropriate specially tailored legal expenses insurance cover to safeguard your financial position. For more information or advice on medical negligence claims please contact Stephen Ball or Ian Jones of the Personal injury Department of Blacks Solicitors LLP.