Claim for the Misdiagnosis of a Fracture
I would like my husband to pursue a claim for the misdiagnosis of a fracture in his wrist, however he thinks it isn’t worth the hassle. Is making such a claim complicated?
Making a claim for the misdiagnosis of a fracture does have the potential to be complicated due to how difficult it can be to establish medical negligence in such claims. However, every medical practitioner owes their patients a duty of care; the failure to diagnose a fracture suggests not only a breach in this duty but a clear demonstration of negligence.
If this misdiagnosis has affected your husband’s quality of life – perhaps because he will no longer be able to use his wrist in the same way – it would be in his best interest to pursue a claim so that he may be compensated for this. To find out if he is entitled to claim fracture misdiagnosis compensation, he should discuss his potential claim with a medical negligence claims solicitor. A solicitor will be able to put his mind at ease over the claims process and advise him if a claim is worth pursuing.
After they have been informed of the negligence in the diagnosis of a fracture that your husband experienced, a solicitor will attempt to establish negligence by enlisting the help of an independent medical expert. If this medical expert considers negligence to have occurred, then your solicitor may initiate the claims process by sending a letter of claim to the HSE or the private hospital or clinic where your husband’s wrist fracture was misdiagnosed.
Your husband should be wary of any unsolicited offers of claim for the misdiagnosis of his fracture that he may receive from the negligent party’s insurers. Such an offer of compensation is unlikely to adequately cover the extent of your husband’s fracture as it is an insurance company’s best interest to save themselves money in the amount of compensation they will ultimately have to provide. It should also be noted that if your husband accepts such an offer of fracture misdiagnosis compensation and it turns out to be insufficient for his needs, he will not be permitted to return to the insurance company and request more.
It is advisable that your husband presents any unsolicited offers of claim for negligence in the diagnosis of a fracture to his solicitor at the first possible moment. A solicitor who is familiar with his situation will be able to evaluate the compensation offer and inform him if it is fair and if he would be likely to attain more if he pursued a claim. Your husband’s claim will be calculated based on a number of factors, such as his age, sex, the pain and suffering he has experienced and the impact his fractured wrist has had on his quality of life. If the impact of his undiagnosed wrist fracture has affected his life financially — for example, with regards to medical expenses incurred, financial losses due to being unable to work or the cost of alternative transport — he may be able to claim for this part of special damages. His solicitor will be able to provide further information about how his claim will be calculated and what areas of injury claim will apply.
If your husband thinks that he may be entitled to make a claim for the misdiagnosis of a fracture in his wrist, he should discuss this with a solicitor. Although he may think it’s a hassle, there is no harm in finding out the viability of his claim. There will be no obligation to follow through with a claim if he ultimately decides that he would rather not pursue one. Therefore he should make an appointment for a consultation with a solicitor at the first possible moment.