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Compensation for failure to recognise and treat fractured hip

compensation failure recognise treat fractured hip

When our client, a previously fit and active 77 year-old man, fell over in his garage and injured his hip, his wife took him to their local hospital where an X-ray was performed.

He was told that the X-ray showed no fracture or dislocation and that he could go home. However, around a week later, he continued to experience significant pain in his hip and was unable to walk. He contacted his GP who prescribed stronger pain killers and he was reviewed by an occupational therapist who provided him with a walking frame.

MRI scan confirmed significant fracture

Some six weeks after the original fall, our client still remained in significant pain and his condition was not improving. On his own initiative, he arranged a private MRI scan to investigate the cause of his continuing discomfort and pain.

That MRI scan revealed a fracture of the left femur consistent with an injury around six to seven weeks old. He was referred to hospital immediately where he underwent a total left hip replacement operation the following day.

Concerned that his fracture was missed when he originally attended hospital with the result that he suffered considerable and unnecessary pain for a prolonged period, our client instructed Victoria Blankstone, a solicitor specialising in cases of medical negligence, to act on his behalf.

Injury had been missed at original hospital visit

Victoria successfully argued that the fracture was visible on the original X-ray and had the imaging been interpreted correctly at the time, the fracture could have been treated more conservatively with fixation. Our client would have avoided weeks of agony and would not have required a total hip replacement procedure. The extended recovery period prevented him from going on a long awaited holiday and continuing to work as he had in his garden.

Compensation reflected unnecessary pain and needless operation

Victoria achieved substantial compensation for our client to reflect the pain he endured and unnecessary surgery he underwent as well as the additional care his family had to provide.  Commenting on the help he received from Shoosmiths and from Victoria Blankstone in particular, our client said:

‘I just wanted to express my sincere gratitude for the professional and helpful way in which you have processed my claim over the last two and a half years. Your advice has been first class and the end result has concluded in the manner which you predicted.’