When a patient seeks medical advice, they expect their symptoms to be properly assessed and appropriate investigations or treatment to be arranged. But where a delay in diagnosis affects the treatment options available, it can have a lasting impact on the outcome.
A medical negligence claim is not always about proving that the original treatment caused an injury or condition. It may also involve whether the care provided afterwards fell below the required standard and affected the outcome.
When delayed diagnosis affects treatment options
We recently represented a client whose claim involved a delay in diagnosing foot drop – a condition where weakness affects the muscles responsible for lifting the front of the foot.
Our client developed symptoms affecting their left ankle and was later diagnosed with a tendon rupture. Medical evidence concluded that the rupture was unlikely to have been caused by the steroid injection they had received and was more likely to have been a spontaneous rupture.
However, concerns arose about the assessment, resultant delays in follow up and case management that followed.
Our client was not reviewed until six weeks later, when the correct diagnosis was made and an ultrasound scan arranged. By this stage, the consultant felt it was too late for a repair operation.
Expert evidence obtained during the claim confirmed that, while a repair would have been more difficult because of the delay, it could have been carried out. The delay in diagnosing the foot drop and the decision not to proceed with surgery meant our client was left with a permanent deficit affecting movement of their left ankle.
The importance of expert evidence in medical negligence claims
Medical negligence claims often require expert evidence to establish whether care fell below an acceptable standard and whether this affected the outcome.
In this case, we obtained evidence from a Consultant Orthopaedic Foot and Ankle Surgeon, a Musculoskeletal Radiologist and an Orthopaedic Surgeon. A conference was also held with a barrister and the experts to consider the evidence.
The defendant Trust did not make a formal admission of liability, however, it accepted that the examination fell below an acceptable standard and that this would have led to an earlier diagnosis of the foot drop.
Following negotiations, the claim was settled for £40,000 and we were happy to hear how pleased the client was with that outcome.
Could you have a medical negligence claim?
Not every poor outcome is the result of negligence. However, where a delay in diagnosis, inadequate assessment or delayed treatment has affected your recovery or left you with a permanent disability, it may be appropriate to seek legal advice.
Our expert team is on hand if you would like to discuss your situation – Call or Email us today.
