LEGAL EAGLE: How to proceed with possible clinical negligence

I tried to get on with things but my arm has just got worse and worse. It is very painful and I struggle to do simple things like drive and carry shopping. I have also taken a lot of time off work.

I have recently been back to hospital for another x-ray and have been told I have a fracture and need surgery. While I was there someone looked at my first x-ray again and informed me that it was in fact broken at that point but had not been picked up.

I am now worried that I have made my arm worse by trying to use it while it has been broken. I am worried about having surgery and if it will ever get back to normal. Can I do anything about this?

I am sorry to hear about your experience and the pain you have been in. It sounds like the fracture was missed on your first x-ray and that could possibly be due to negligence.

Had it been picked up then the advice about using your arm may have been different and you also may have had other treatment options available to you.

However, without further information it is difficult to say whether the advice to carry on using your arm and the possible delay in treatment, has made your injury worse. We would need more information to investigate this further.

In the meantime you could consider making a formal complaint to the Hospital Trust under the NHS complaints procedure. This should provide a detailed explanation as to how and why the fracture was missed on the first x ray and if it had been picked up what the advice about treatment would have been. Complaints should be made as soon as possible but can be made up to 12 months from the date of treatment. You can get some assistance with the complaint from the Independent Complaints Advocacy (ICA) service.

You may also be able to make a claim for compensation. If you wish to do this please remember that there are strict time limits and court proceedings must be brought within three years of the alleged negligent treatment. Therefore it is important to act quickly, even if you are also pursuing a complaint at the same time.

We have a team of very experienced solicitors at Ben Hoare Bell LLP who would be happy to help. Call 0191 565 3112 or email [email protected]. Visit www.benhoarebell.co.uk for further information.