Advising with empathy and experience

Settlement following misdiagnosed fracture.

A woman whose leg fracture was undiagnosed despite a number of visits to her GP surgery has accepted a payment of compensation from the defence body acting on behalf of the GP who failed to refer her to A&E. Medical evidence in the case concluded that it was likely there was a fracture present when the Claimant consulted 3 different doctors at the surgery. However the medical evidence also confirmed that this was clearly a subtle fracture and that diagnosis was complicated by a number of other issues including peripheral swelling and cellulitis.

The medical evidence concluded that one GP at the surgery should have sent the Claimant for an x-ray and his failure to do so was indicative of care that was below a reasonable standard.  Fortunately a different doctor who assessed the Claimant just 3 days later referred her on to her local A & E Department where the fracture was diagnosed and thereafter treated.

The damages recovered by the Claimant reflect the fact that had she received appropriate treatment and referral 3 days earlier then she would have been spared some degree of pain and suffering although the fracture would undoubtedly have required very similar treatment in any event. Speaking of the settlement Kim Daniells said “This was a complex case because it was impossible to say exactly when, how and where the initial fracture had occurred. Nevertheless, the Claimant’s symptoms when she attended the GP surgery 3 days prior to actual diagnosis were sufficiently severe to have merited further investigation. We are pleased to report that the Claimant in this case made a reasonable recovery after receiving the appropriate treatment”.