hospital misdiagnosis claim

Hospital Misdiagnosis Claim: Operable Injury Made Worse By NHS Hospital Error

Find out in our online Q&A how to claim compensation if you have been subject to misdiagnosis by a consultant in an NHS hospital

Hospital misdiagnosis question

Can I claim compensation for the misdiagnosis by the consultant in the NHS hospital?

Shoulder damage in a road accident

I was involved in a road traffic accident involving damage to my shoulder.

NHS hospital consultant advice

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.

Shoulder left deformed

My shoulder joint therefore healed in a deformed manner and has left me in constant pain.

Shoulder should have been operated on

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.

hospital treatment misdiagnosis
Hospital Treatment Misdiagnosis

Hospital negligence response

Further investigation

Further investigation would be necessary to establish whether you can claim compensation for poor advice from the hospital and/or misdiagnosis of the treatment possible to your shoulder following the road traffic accident.

Medical expert review of hospital notes

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.

Expert opinion on cause of ongoing problems

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 ongoing problems.

Claim for shoulder injury caused by road accident

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.

Claim from hospital for worsening of shoulder injury

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.

Should you wish to discuss your hospital misdiagnosis claim online or by telephone – see our free specialist solicitor online / telephone legal help options.