Can You Claim Compensation for a Failure to Diagnose Broken Bones?
The purpose of this article is to provide information about when compensation for a failure to diagnose broken bones can be claimed. A number of different scenarios are highlighted to cover specific aspects of the claims process; although the information in these examples can be broadly applied to most claims for misdiagnosed bone fractures.
A failed diagnosis of a broken bone should always be discussed with a specialist medical negligence solicitor to establish whether it is possible to make broken bone misdiagnosis claims, and if it will be worth your while taking legal action against a private health clinic or a HSE hospital.
It is also important for you to receive specific legal advice relating to your own circumstances as no two claims for a missed diagnosis of a broken bone are exactly alike. Many factors can influence whether it is possible to make a claim for a failure to diagnose a broken bone, and claiming compensation for a misdiagnosis of broken bones is more complicated than making a claim for an injury sustained in an accident – and the claims process differs considerably. The advice provided by an experienced solicitor can be invaluable and will help to ensure that your right to make a personal injury claim is not lost.
Criteria for Claiming for a Failure to Diagnose a Broken Leg Bone
A missed diagnosis of a broken leg bone may appear at face value to give you grounds to make broken bone misdiagnosis claims, but eligibility to claim personal injury compensation can only be determined when all the facts of the case have been considered. The failed diagnosis of a broken bone does not necessarily mean that compensation can be recovered or that it will be worth while taking legal action.
A claim for a failure to diagnose a broken bone can only be made if the correct diagnosis should have been made by the doctor under the circumstances, based on the medical information and diagnostic tests available. If a doctor displayed poor professional performance, acted with incompetence or misdiagnosed a broken bone due to inexperience in interpreting x-rays or other diagnostic test results, it is probable that compensation for a misdiagnosis of broken bones can be claimed on the grounds of medical negligence.
A missed diagnosis of a broken bone must also have resulted in the patient coming to harm as a direct result. Avoidable health complications must have developed, the seriousness of the break must have increased or the pain and suffering caused must have been significantly higher in order for compensation for a failure to diagnose broken bones to be claimed.
Who is Responsible for a Failure to Diagnose a Broken Arm Bone?
When a doctor diagnoses the symptoms of a broken arm as a soft tissue injury or a bone bruise, the diagnosis will have been made based on the medical evidence available. The missed diagnosis of a broken arm bone may be perfectly reasonable under the circumstances, if a break is not clear on an x-ray for example or if the accident described by a patient would be unlikely to result in a broken bone.
It is possible that a failed diagnosis of a broken bone would not constitute negligence on the part of the doctor if a correct diagnosis could not be made based on the information available at the time. This does not necessarily mean that a claim for a failure to diagnose a broken bone would not be possible, as errors may have been made by other medical professionals. A radiographer could be liable for the failure to diagnose a broken arm bone due to error made when taking x-rays. A nurse may have confused x-ray plates and given another patients test results to the doctor. Compensation for a misdiagnosis of broken bones could be claimed for negligence by any medical professional involved.
Since there are a number of people involved in the diagnosis of a patient’s injuries, it may be necessary to make broken arm bone misdiagnosis claims resulting from negligence of more than one third party, and it is not always the doctor who is to wholly to blame. It is therefore important that a claim for compensation for a failure to diagnose broken bones is fully investigated to confirm how a serious error was made, and who was responsible.
Reporting a Failure to Diagnose a Broken Bone in the Ankle
Before it is possible to claim compensation for a failure to diagnose a broken bone in the ankle, the reason for the missed diagnosis must be established. An independent review of the case should be completed by a medical negligence solicitor, but the HSE will also need to conduct an investigation into the missed diagnosis of a broken bone.
The HSE will treat a failed diagnosis of a broken bone in the ankle with the seriousness it deserves and, if a letter of complaint is sent to the HSE an investigation will be initiated within 30 days of receipt of the letter. Provided the letter of complaint is received within 12 months of the misdiagnosis, the HSE will investigate the hospital and all persons involved to establish how a broken ankle came to be misdiagnosed.
Even if the HSE finds no evidence of negligence it does not mean that compensation for a misdiagnosis of broken bones cannot be claimed. A solicitor may find evidence of negligence which is missed by the HSE investigation, and there may still be grounds to make broken bone misdiagnosis claims.
If a solicitor can establish that the actions of a doctor or other medical professional constituted negligence, and this can be proven ‘on the balance of probabilities’, it should be possible to make a claim for a failure to diagnose a broken bone.
Claims for a Failure to Diagnose a Broken Shoulder Bone Must be Independently Reviewed
An experienced medical negligence solicitor will write to all parties concerned to gather evidence of negligence to support a claim for a failure to diagnose a broken shoulder bone. The case must then be independently reviewed as, while negligence of a medical professional may be suspected, this must be confirmed by a medical expert in the field.
In order for compensation for a failure to diagnose broken bones to be claimed, it must be proven ‘on the balance of probabilities’ that a mistake was made which resulted in the missed diagnosis of a broken shoulder bone, and the deterioration in health which resulted could have been avoided. If a reasonably attentive doctor would have been able to correctly diagnose a broken shoulder bone based on the diagnostic test results available, or if further testing should have been arranged given the seriousness of the symptoms, it is probable that the right to make broken bone misdiagnosis claims will be confirmed.
If it is found that the failed diagnosis of a broken bone was reasonable under the circumstances or that the health problems suffered were unavoidable, it will not be possible for compensation for a misdiagnosis of broken bones to be claimed.
The Injuries Board and Claims for a Failure to Diagnose a Broken Wrist Bone
The Injuries Board will assess the majority of personal injury claims in Ireland, although broken bone misdiagnosis claims fall outside of its remit at the time of writing. A claim for a failure to diagnose a broken bone in the wrist is made on the grounds of medical negligence, and any application made to the Injuries Board on these grounds will be rejected. This may change in the future as the Department of Health is currently discussing whether the Injuries Board should start to assess medical negligence claims.
At present, since claims for compensation for a failure to diagnose a broken wrist bone are not currently being assessed by the Injuries Board, it is necessary for a plaintiff’s entitlement to compensation for a misdiagnosis of broken bones to be calculated by a personal injury solicitor. A solicitor should also notify the HSE that a claim for the failed diagnosis of a broken bone in the wrist is being made.
Calculation of Compensation for a Failure to Diagnose a Broken Bone in Foot
The amount of compensation for a misdiagnosis of broken bones that can be claimed will primarily depend on the degree to which health has suffered between the dates of the missed diagnosis of a broken bone in the foot and when a correct diagnosis was finally made. Compensation amounts in broken bone misdiagnosis claims cannot include any aspect of the original injury, only further health problems which should have been avoided.
When a solicitor calculates the value of a claim for a failure to diagnose a broken bone in the foot, consideration will be given to the increased risk of future health problems as a result of a delayed diagnosis. A medical expert must also be consulted to establish ‘on the balance of probabilities’ whether health problems would have been suffered regardless of the failed diagnosis of a broken bone.
Compensation for a failure to diagnose broken bones in the foot can also be claimed to recover any out of pocket expenses due to a deterioration in health. Since a broken bone in the foot causes mobility issues, alternative transportation costs can be recovered. Medical treatment costs, loss of earnings and other expenses can also be claimed back in addition to recompense being recovered for the pain and suffering caused by the delay in diagnosis.
A Failure to Diagnose a Broken Hip Bone May Require Litigation
Not all claims for compensation for a failure to diagnose broken bones will need to be litigated through the Irish courts, although it is probable that litigation will be required as liability for a failed diagnosis of a broken bone in the hip is rarely accepted by the HSE or the State Claims Agency.
When a missed diagnosis of a hip fracture is supported by considerable evidence of medical negligence, the HSE may agree to pay compensation without the claim for a failure to diagnose a broken bone going to court. Should this be the case, a solicitor will negotiate the best possible settlement; although if the HSE is unwilling to pay an appropriate level of compensation for a misdiagnosis of broken bones it may still be necessary to take the case to court to be decided.
It is exceptionally rare for the HSE to make an unsolicited offer of compensation for a misdiagnosis of broken bones directly to a plaintiff, although the insurance company of a private health care clinic may attempt to settle directly with a plaintiff. If an offer of compensation is made for the missed diagnosis of a broken bone in the hip, a solicitor should be consulted to assess the compensation settlement to prevent the case from being undersettled.
How Long Will it Take to Claim for a Failure to Diagnose a Broken Rib
It is not possible to say with any degree of certainty how long it will take to recover compensation for a failure to diagnose broken bones. A number of legal processes must be completed before a claim for a failure to diagnose a broken rib bone can be made, and delays can occur at a number of stages of the claim process.
Since a claim for the failed diagnosis of broken ribs is likely to require litigation to be successfully resolved, a plaintiff must wait for an available court date which all parties are able to attend. Because of this, and the complicated nature of establishing and proving medical negligence in broken bone misdiagnosis claims, it is unlikely that claims will be resolved within 12 months.
To ensure that compensation for a misdiagnosis of broken bones can be recovered in the shortest possible time frame you should seek legal advice at the first practical opportunity in order that the case can be investigated promptly.
Confirming Eligibility to Claim for a Failure to Diagnose a Broken Bone
The first step to take before a claim for a failure to diagnose a broken bone can be made is to have eligibility to take legal action confirmed by a medical negligence solicitor. When you speak with a solicitor you will need to provide detailed information about your case such as the date of missed diagnosis of a broken bone and when the correct diagnosis was made.
You will also need to explain how your injury deteriorated, any health complications you have suffered, details of what has been explained to you by the doctor who originally treated you and what you were told when the correct diagnosis was finally made.
Although it will not be possible to have eligibility to make broken bone misdiagnosis claims fully confirmed with a single phone call, you should be able to find out whether it is likely to be worth your while to claim compensation for a failure to diagnose broken bones. You will also be given important legal advice about the claims process and the steps that will need to be taken in order for compensation for a misdiagnosis of broken bones to be recovered.