When my daughter (now aged 14) fell off her swing 6 years ago, she landed heavily on her right hand and wrist. Her wrist swelled and was really painful so I took her to hospital where she was x-rayed. We were told she had not broken any bones but her wrist remained painful. We went back 3 weeks later and she was x-rayed again and we were told she had broken a bone and needed treatment. Do you think we have a claim against the hospital for failing to diagnose the broken bone? I have been told there is a 3 year limit for claiming compensation – is she too late to claim?
In order to assess whether there was a failure to diagnose the broken bone, we need to ensure the fractured bone could and should have been seen on the first x-ray. This means getting copies of the x-rays and medical records. These can then be sent to a doctor who will give an opinion on this point. The doctor can say whether or not it was reasonable to miss the fracture. If it was not reasonable and the delay in diagnosis has resulted in further pain and suffering, a claim for compensation might be made on behalf of your daughter.
There is a 3 year time limit when bringing claims for injury. The Limitation Act 1980 states any claim must be issued (that is, papers lodged with court) within the 3 year anniversary of the date of the treatment causing the injury or date upon which the claimant realised he or she had been poorly treated. Attempting to bring a claim after this time can be very difficult.
There are exceptions to this rule however, one being injury to children. In the case of injury sustained by a child, they have until the age of majority plus 3 years to bring their claim, that is up until their 21st birthday. As your daughter is only 14, she is still within the ‘limitation period’ and can therefore claim. You should therefore seek legal advice without delay.
