Is this an example of medial malpractice?

[Beechy101]

In July 2010 i injured myself playing football. My ankle & leg swelled up pretty much instantly (this was at about 6.30pm).

I managed to get myself home but the pain was real bad so i took myself to my local hospital where a nurse checked it out at about 9pm, didn't x-ray it & said it was likely that i'd torn a muscle as i could just about put weight on it (which was a good sign). The nurse also said if it didn't seem like it was getting any easier i should go to A&E.

After hobbling about for a few days & a constant burning sensation in my leg i took myself to A&E where it was x-rayed straight away & i was told i'd broken my fibula & not to walk on it.

I was on crutches for 6 weeks after after that i had 3 months of physio & have also since had 2 arthroscopy's & may be left with ligament damage in my ankle that cannot be fixed.

[FredPuli43]

I take it you want money. You'd have to show that a correct diagnosis at the time would have resulted in any different outcome than actually occurred and/or that that caused you a real loss through extra pain and suffering for a few days, or loss of earnings. You can answer the loss of earnings. I'll have a go at the pain and suffering and my answer is 'not worth suing over'. Can't answer the first; that's medical; but it seems highly unlikely.

[jackthehat]

I broke my fibula and couldn't put any weight *at all* on it.
The fact that you could is probably the reason that the nurse, in her professional opinion, determined it was more likely to be a torn muscle. However, it is good to know that you followed her advice and took yourself back to A&E.
I was in plaster for 6 weeks, on crutches for an additional 4 and had physio for 3 months afterwards.
My ankle has never been properly *right*, but I guess them's the breaks....

[lcg]

not really.....broken stuff gets missed all the time. you went back as the pain persisted and got worse. why didn't you demand an xray the first time round?

[EDDIE51]

You went to A&E and walked in ? As you were able to walk on the leg the nurses assessment was correct. You were told to come back if it didn't get easier , yet 'hobbled about for a few days' before finally coming back ? Sorry you don't have a hope in hell of getting compensation. You should have gone back within 24 hours if there was no improvement.

[tonywiltshire]

If you are going to claim medical negligence by the NHS you will need great perseverance, try to find a specialist firm who may assist you on a contingency fee basis (no win, no fee) this will be a good test of your case as it will not be accepted unless there is a strong chance of success, be prepared for a long wait with many denials.

[Duncer]

..............and the missing medical records.

[Peter Pedant]

It is medical and not medial (which has a meaning in surgery)

TOny W is right as usual.

This is not really the place for a free legal opinion,
but the only negligent act is the failure to x ray at the first hospital.
which may or may not be held to be reasonable - because you could walk on it.
you would then have to show that the failure to x ray directly caused the long term injuries.
and then Bingo the tax payer financed money flood gates open !

I dont know what the going whack is for this:
a friend of mind who broke his neck when someone drove into him
and was not paralysed got £30k. Wh we all thought was peanuts considering the neck ache and memory loss.

only go for no win no fee.....the lawyers fees are very likely in a case like this, to be in excess of the damages you get.

[Peter Pedant]

help reqd here.

this is a failure to do something case.... so it is four square with Bolitho.

which I always have trouble with

You dont look at the consequences of the FAILURE to x ray.
[ these are real time events and can be checked ]

you look at the consequences of what might have occurred if the x ray HAD been taken - so the judge, plaintiff and defendant can have wild subjective fantasies on this subject. The last two are supported by various supposed independent experts
And then the judge draws himself up and grandly says "OK this is what would have occurred and the plaintiff/defendant WINS !"


I am willing to be told I dont understand Bolitho.


[I also have trenchant views on McGee and future facts whcih I wont bother with here]


PP

[Nini74]

It would only be negligence if a reasonable and competent nurse WOULD have x-rayed. Likelihood is that, as you could walk, then they would not have. Further, if found that there had been a negligent act (or failure to act) then you would have to establish that you have suffered some increased pain or detriment as a result of that negligence - doesn't seem to be the case here other than an extra day or two hobbling around, which was of course your call......hope your ankle starts to improve soon!