Compensation of £40,000 for avoidable femoral fracture following failure to diagnose stress fracture
24 July 2024
The specialist clinical negligence solicitors at Curtis Law Solicitors have recovered £40,000 in compensation for a client who experienced an avoidable femoral fracture after failures to diagnose and report stress fractures on x-ray and MRI scan.
Mrs P’s previous medical history included rheumatoid arthritis and osteoarthritis for which she was commenced on bisphosphonate treatment. She consulted her GP with a 4-week history of right mid-thigh pain on mobilisation. There was no history of trauma. The GP arranged an x-ray which was reported to be normal. Mrs P was referred to the musculoskeletal service. An MRI scan performed which showed no abnormality. Mrs P’s pain and mobility worsened over the following 12 months prompting her GP to make an urgent referral for specialist review. Pursuant to this referral, repeat x-rays were performed and compared to those taken the previous year. This confirmed changes within the mid shaft of the right femur suggestive of stress fracture and the recommendation was for cessation of bisphosphonates, non-weight bearing and an orthopaedic referral for further review. A repeat MRI scan was arranged which confirmed right mid femoral stress fracture with new cortical buckling and new cortical and subcortical marrow oedema suggestive of progression of the stress fracture. Whilst awaiting further orthopaedic review, the femoral stress fracture completely fractured whilst Mrs P was walking. She was admitted to hospital where she underwent surgical fixation after which she required physiotherapy and a prolonged recovery. During this time, she required care and assistance from her family. Subsequent reviews confirmed that the fracture and scarring had healed, but Mrs P continued to experience pain in her right thigh associated with the metalwork used to fix the fracture and back pain associated with the length of time that her gait had been altered due to the pain caused by the femoral stress fracture.
Expert evidence from obtained from an independent Consultant Trauma, Orthopaedic and Limb Reconstruction Surgeon which was supportive of the claim. Based on this evidence, it was alleged that the Trust breached its duty of care to Mrs P in its failure to correctly interpret and report the x-ray and MRI scan, and the delay in orthopaedic follow up once the missed diagnosis of the stress fracture was known. If the x-ray and MRI scan had been interpreted and reported correctly, Mrs P would have been referred to orthopaedics and had her bisphosphonate treatment stopped which would have enabled recovery of the stress fracture. She would have avoided the prolonged period of pain and impaired mobility prior to the fracture, the subsequent femoral fracture, the repair surgery, the recovery period, and the ongoing pain in her right thigh and back.
Admissions of liability were secured from the Trust. Additional expert evidence was secured dealing with Mrs P’s condition and prognosis which led to claims being advanced for compensation including general damages for her pain, suffering and loss of amenity and special damages including past and future travel expenses, care and assistance, aids and equipment and miscellaneous expenditure. Settlement negotiations resulted in the agreement of damages in the sum of £40,000 in full and final settlement of Mrs P’s claim.
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