UK clinical negligence solicitor explains how to claim compensation if a NHS hospital inserts rods which are too long into your leg causing damage to your knee or other parts of your leg
Hospital negligence victim question
I was involved in a serious road traffic accident which broke my left tibia, fibula and fractured my right radius bone.
I was rushed to hospital in an ambulance and at hospital – rods were inserted into my leg. When I regained consciousness I complained to the doctor that I was feeling an awful pain in my knee and I was told that this was all normal. I was given crutches and the pain became excruciating and eventually after two weeks an x-ray on my leg was taken at hospital and I was told that the rod that had been inserted was an inch too long and as a result they had fractured my knee cap requiring an operation.
Am I entitled to claim compensation for the injury to my knee as the road traffic accident was my fault?
Clinical negligence solicitor response
The NHS hospital should have taken proper care in selecting the correct sized rod to insert into your leg. It is clearly negligent that a rod was inserted which was too long as an injury of as the type you have described could occur.
You also reported that your symptoms in your knee early on and had to suffer two weeks before you were taken seriously and an x-ray taken.
It is to be presumed that in addition to the operation to your knee the current rod would have to be removed and a further rod of the correct size inserted.
You cannot claim compensation for the original road traffic accident and injuries as you have indicated that this was your fault – the additional injuries to your knee and the pain and suffering from a further unnecessary operation to remove the old rod and insert the correct sized rod can be claimed for.
The amount of compensation you would receive for these injuries could be quite substantial.
Before any claim for compensation can be made by a clinical negligence solicitor you should first write a letter of complaint to the NHS trust. Each NHS trust has a different complaints procedure and you should therefore telephone the trust to enquire as to their correct procedure and thereafter send a letter of complaint setting out how you feel the hospital has been at fault and the injuries you have suffered.
The NHS trust will thereafter reply in writing and at this stage a claim could be commenced.
Should you wish to consider a claim it is very important you select the correct medical negligence solicitor.
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