Medical negligence solicitor explains how to claim compensation if you have been subject to misdiagnosis by a consultant in a NHS hospital
Medical misdiagnosis victim question
I was involved in a road traffic accident involving damage to my shoulder. I was taken to hospital where I was told by a NHS consultant that due to the nature of the damage an operation was not possible to correct the injury I had sustained.
My shoulder joint therefore healed in a deformed manner and has left me in constant pain.
I recently was referred to another consultant orthopaedic surgeon who indicated that the original damage caused to my shoulder joint was in fact operable and had the operation taken place I would now have normal use of my shoulder with no pain or extremely limited pain.
Can I claim compensation for the misdiagnosis by the consultant in the NHS hospital?
Medical negligence solicitor response
Further investigation would be necessary to establish whether you can claim compensation for medical misdiagnosis of the treatment possible to your shoulder following the road traffic accident.
An independent medical expert instructed by a clinical negligence solicitor on your behalf would need to review your hospital / GP notes and examine you to verify that at the time of the accident it was unreasonable for the NHS consultant to have indicated that an operation was not possible.
If this medical expert can verify this to be the case, as has been suggested by the consultant you have recently seen, an additional medical report will be necessary to confirm how your injuries have healed to cause you on-going problems.
It would not be possible to claim compensation for the original shoulder injury caused by the road traffic accident – other than negligence having occurred by third party in that accident itself. It would however be possible for a claim to be made against the hospital for the worsening of your shoulder injury as a result of misdiagnosis and failure to treat properly.