Personal Injury Claim.

Former Member

I'm now one year and 5 months into a personal injury claim, after being a passenger in a car accident last year (no fault on our part). I'm still having lots of problems with the injuries I sustained in the accident, and am due another medical any time now. At the time of the accident, I suffered a moderate concussion, fractured coccyx and whiplash. We were all discharged from hospital half an hour later. (Myself, sister and mum who were both injured quite badly, but discharged)

What I'd like to know is, can I take my hospital to court for negligence? If I go to my medical, and am asked to have an X-ray and they find that I have actually fractured my shoulder (it's definitely not right, it's so painful and clicks) can I make a claim against the hospital? I wasn't given any X Rays at the time of the accident, and believe that I should have at least been given the option.

Can I do anything now?

Former Member

Maybe you could make a claim, however it would probably end up in court with you being asked to explain why it's taken you 1 1/2 years to decide to have it looked at. You can't claim for loss of earnings, or anything else because it obviously hasn't affected you too badly.

Former Member

It's taken me this long, because it's taken my solicitors (and the other side's insurance company) over a year to get me onto having private physiotherapy on it. I couldn't do anything until I'd finished my course of physio. eta; I have had it looked at, by my GP on numerous occasions, and by the consultant who did my first medical, and they're both confused as to why no x-rays were taken on the night of the accident.

Former Member

But not confused enough to offer you an x-ray now?

It doesn't sound like a fracture to be honest, probably just a torn ligament or something, they can be VERY painful, if not more painful than a break.

Former Member

Fuck off- you want to sue the hospital for discharging you? Grow up, get a proper fucking job and stop looking for easy ways of getting money without you having to lift a finger. I have nothing against people claiming what's theirs but, sueing a hospital when you are clearly fine and have typed away at your computer without mentioning your shoulder for the last year and a half when you have no qualms about going on about your other little niggles. Just, bah!

Former Member

No that's not what I meant. The staff in the A&E Dept didn't offer an x-ray at the time of the accident, but if I talk to my gp and request an x-ray, he'll probably okay it.

And you couldn't possibly know if it was fractured or not.

Former Member

katralla wrote: »

Fuck off- you want to sue the hospital for discharging you? Grow up, get a proper fucking job and stop looking for easy ways of getting money without you having to lift a finger.

I have a job

This isn't about money, it's about principle.

Former Member

Even if it wasfractured then, it probably isn't now, and you've obviously coped, so why not let it go? Like I said BAH, little skank looking for free money!

Former Member

Ilora-Danon wrote: »

I have a job

This isn't about money, it's about principle.

If it's about principle, why the fuck are you considering suing them?

Former Member

How on EARTH do you know I've coped?????? You know nothing, you're just being opinionated. Why don't you fuck off. *eyeroll*

Former Member

Ilora-Danon wrote: »

How on EARTH do you know I've coped?????? You know nothing, you're just being opinionated. Why don't you fuck off. *eyeroll*

Aw, diddums- can't handle the truth? What were you expecting, lots of people giving you advice on how to screw as much money out of the nhs as you can over something that you think you deserved on principle? Screw loose somewhere there...

Former Member

I expect they would only do an x-ray if they felt that one was needed (IE there was evidence of a break). Otherwise they'd probably want to avoid, you know, say exposing you to needless radiation.

But yeah, in general I agree with Katralla and the fact that suing a hospital in this case is pretty morally low.

Former Member

I wanted legal advice. There's nothing wrong with asking a question.

*YAWN*

Former Member

What was wrong with you saying something at the hospital when you were there? I've always done this when I've been at the hospital/doctors.

It's taken me this long, because it's taken my solicitors (and the other side's insurance company) over a year to get me onto having private physiotherapy on it.

What's that got to do with it?

I agree with Katralla, tbh.

Former Member

if I was in for treatment and the NHS fucked up I'd want some compensation, because if you just shrug and say OK I went through hell, but I'm fine now, they'll continue to make the same mistake again and again. It certainly doesn't sound like a frivolous claim to me

Bunnie

You have 3 years to make a claim, but tbh, it is unlikely you would win. As Mist says you need to be able to prove they were negligent in not giving you an X-ray at the time...even if you find you do have a fracture (which is probably rather unlikely as you wouldnt have been able to handle the pain of a break for 18 months!) if it is common procedure and they failed then fine, but they are so strict with their practice so as to not allow themselves to be sued.

It is mainly serious cases that win against the NHS as the court often seems to go in favour of NHS possibly for fear of opening floodgates.

If you want to continue with the claim anyway, contact your PI solicitor and see what they say, they will possibly have a clinical negligence dept.

Former Member

Ilora-Danon wrote: »

What I'd like to know is, can I take my hospital to court for negligence? If I go to my medical, and am asked to have an X-ray and they find that I have actually fractured my shoulder (it's definitely not right, it's so painful and clicks) can I make a claim against the hospital? I wasn't given any X Rays at the time of the accident, and believe that I should have at least been given the option.

Can I do anything now?

It really depends on the point that you slightly gloss over there

if you are asked to have an X-ray and
if they find a fracture.

You might possibly have a teensy chance of a case.

Except for the fact that you failed to do anything about it for over a year, that you have subsequently been examined by you GP, a Physiotherapist and a consultant and that none of those professionals referred you for further X-Ray.

You would also need to evidence the fact that it would have been clear, at the time of your original trip to A&E, that the symptoms you presented with then were sufficient to suggest to any clinician that you should have been x-rayed. The clicking etc you have since is irrelevant in that regard because those symptoms were not present at the time...

TBH I suspect that you have more chance of suing the person responsible for causing the accident in the first place.

Former Member

Ilora-Danon wrote: »

No that's not what I meant. The staff in the A&E Dept didn't offer an x-ray at the time of the accident, but if I talk to my gp and request an x-ray, he'll probably okay it.

And you couldn't possibly know if it was fractured or not.

So why haven't you asked for an x-ray? If it's causing THAT much trouble? An x-ray is not always necessary after an injury and if a trauma is causing you pain after the initial recovery period, it's up to YOU to make arrangements to have it seen to.

I'll say it again, I very much doubt you have a broken shoulder or whatever it was. I've broken both legs & arms, plus more, and know that there is no WAY on earth I could have survived even a couple of weeks with that pain never mind over a year!

Also, I mean, come on, do you think the hospital should offer EVERY patient the option to have an x-ray? These people are highly trained professionals, and often have years and years of experience, it's not like they've just fobbed you off, they'll have done what they think is best.

Oh and FINALLY...let's say there WAS a small fracture to your shoulder. You'd have gotten a sling and some paracetamol. :]

Former Member

^_^ wrote: »

Also, I mean, come on, do you think the hospital should offer EVERY patient the option to have an x-ray?

No. They didn't offer my mum one when she had her car accident. However, she only had whiplash. (and a few other injuries that weren't that serious)

Former Member

From what I've heard even if you have a really obvious case against the NHS they are nigh on impossible to sue, they protect their own very strongly, which I can understand but there are of course some cases where doctors get it wrong.

Former Member

I think MoK made the most important points here. You'd have to prove that the people at the time were negligent in not giving you an x-ray, you'd also have to prove that you had an injury that would have benefited from the results of an x-ray, which you haven't got proof of.

Then you'd have to explain why you didn't ask for an x-ray, which, it seems, you still haven't got even now. Strangely, it only seems to be a point of interest to you now you've noticed you might have a chance for some cash.

Also as MoK mentions, you'd have a better case against the original people who caused your injuries. Not the people who were trying to fix them.

The more I think about this, the more distasteful I find it.

Former Member

Ilora-Danon wrote: »

If I go to my medical, and am asked to have an X-ray and they find that I have actually fractured my shoulder (it's definitely not right, it's so painful and clicks) can I make a claim against the hospital?

I have painful, clicky joints (inc. shoulders). I've been told it's due to hypermobility. If I'm right, don't you have a similar problem? If so, I'd say you'd find it difficult to prove that it was hospital negligence over a pre-existing condition.

Former Member

Wouldn't Ilora have to prove that the injury was caused by her accident (if she did actually injure her shoulder) and not something else? Which would probably be quite hard I'd imagine.

Former Member

budda wrote: »

From what I've heard even if you have a really obvious case against the NHS they are nigh on impossible to sue, they protect their own very strongly, which I can understand but there are of course some cases where doctors get it wrong.

Several billions in pay outs would suggest otherwise

However, it's worth remembering that much medical treatment is based on opinion at the time of examination. Hindsight is a wonderful thing...

Bunnie

Man Of Kent wrote: »

Several billions in pay outs would suggest otherwise

However, it's worth remembering that much medical treatment is based on opinion at the time of examination. Hindsight is a wonderful thing...

Also to be able to prove negligence you have to prove a reasonable body of medical experts would have performed an x-ray.

And due to no-one from the medical field offering one, I assume (with my non-knowledge of medical practice) it is not common place to do one in this situation.

Former Member

When I hurt my foot I went to A&E and they didn't x-ray it.
two months later I was concerned it was still sore so went to my doctors and requested an x-ray. He said he was certain they wouldn't find anything but since I requested it he sent me. He was right they didn't find anything.

You should have requested one from your doctor if you were concerned.