What shall I do?

Question

Okay, on 28 July I broke my 5th metatarsal on my left foot. Had my leg in cast up to my knee for 4 weeks and told to come back in 4 weeks for another xray to see if it had healed, if it hadn't, they said they would put another cast on. When I went back after 4 weeks, they took my cast off and discharged me without an xray, when I questioned about the xray they said it was more dangerous to xray me! Still after 3 weeks in pain I went to the doctors' and requested my own xray and it was still broken! Not due to see same consultant till Wednesday. I've got a new lump on my foot and it is still giving me alot of pain. It hasn't healed properly and can hardly walk and can't drive at all. Surely this is wrong. My life's been put on hold and I feel like I'm going mad sometimes. Shall I take action against the NHS?

Answer 1

If you're still in a lot of pain, go to A&E and get it x-rayed again. Having too many x-rays can be dangerous, but if they really have to do it for diagnostic purposes they should go ahead. It sounds like there has been non-union of the fracture, which definitely needs further treatment. It may just need another cast to correct it, or possibly internal fixation with a small pin. Good luck :)

P.S. You shouldn't really think about taking any legal action until your treatment is completed and you've been discharged by your consultant - which you haven't been yet. If you're still not happy with the outcome, the first line of action would be to make a formal complaint to the hospital - all hospitals have a complaints procedure, and a complaint HAS to be answered to.

Answer 2

You poor, poor thing - you have my utmost sympathy. I hope when you go back they get this all sorted out for you.

If you feel the need to take action then you are completely within your rights to do so but I would ask you to think about this first.

firstly: Doctors and consultants are often in a no win situation. They sometimes don't do something which is potentially harmful, like an x-ray, if they are pretty sure it is not necessary due to the 'compensation culture' which has developed and is continuing to grow. They are often 'damned if they do and damned if they don't' People in the care profession do it as a labour of love more than for the money - they genuinely care about people and want to help. Other than the exceptions like the Dr Shipman's of this world, people in the medical profession would never, intentionally, do something to hurt anyone. Care they give can often be limited by lack of funds or the fear that if they do something wrong, someone will sue them. Remember, we all make mistakes it's just unfortunate that in some professions, mistakes can hurt or even kill !

secondly, some of the mistakes or seemingly lack of care, occur because the NHS is short of staff, again due mostly to lack of funds. The fact that more and more people these days are suing - and, let's face it, a lot of people only sue as they see an opportunity to make some money from an unfortunate situation - can only hurt the financial situation of the NHS and make things even worse. The money for these compensation payouts has to come from somewhere and, frankly, I would prefer the money to stay in the NHS.

When I was a child, I broke my arm. my parents didn't realise that it was broken and so didn't take me to the hospital until nearly a week later when the pain, instead of subsiding, was increasing. A mistake was made and I was put under general anaesthetic within two hours of having my evening meal. After the operation to break and re-set my arm, they had great difficulty bringing me round in the recovery room and had my whole family in to assist. The Dr later told my family that I could have suffered severe brain damage as a result - thankfully, I didn't ! Anyway, this was a genuine mistake - the anaesthetist misread the notes and the hospital couldn't apologise enough. My parents didn't sue - they were just grateful and relieved that I was ok.

Answer 3

I am sorry to hear about this, unfortunately if your description is accurate, you are not being treated properly. I broke my 5th metarsal on two separate occassions, once I had it heal conservatively and the other surgically. There are different kinds of fractures of the 5th metatarsal, the dreaded Jones fracture being the worst, but none of them require a cast up to the knee. It will do no good. If it is a Jones fracture, without surgery it will take 12 weeks of staying off it before it is considered healed. Because of the low blood supply to the area, the fracture heals very slowly.

I would recommend you get a correct diagnosis and treatment, then worry about taking legal action. You will need to be able to prove they acted inappropriately and before you can do that, you will need to be on the correct path of treatment.

If you don't get this taken care of soon, it could effect you for years to come. If you are into sports at all, you will really want this healed correctly.

I had to stay off the foot for six weeks, then I was allowed to walk in a special walking boot. After 12 weeks, I was released. Then I broke it again a few months later. I had a screw put in and six weeks later, good as new.

It doesn't sound like you are being treated well, get a new opinion and treatment plan, then go after the offenders.

Good luck to you!

Answer 4

Best thing to do is phone the Consultants secretary on Monday, or go back to ED straight away. At the end of the day people in the NHS are only human and can make mistakes. Your best offence is just keep hassling until something is done. Good luck, hope your foot feels better soon!

Answer 5

talk to them about it a little more, then get expert help i.e. legal team, quick sue them quick, quick. No seriously, I can tell that this has had a profound negetive effect on your life. What you need to consider is do you want this episode to continue, the legal costs could be high, you are not guranteed compensation and it will not be easy and may take years. Or do you want to get this over with. It's up to you but don't just jump to either way. Try and get some free legal advice (the first session with a solicitor is usually free) to find out your chances and how long it could take, then take it from there. I wish you all the best.

Answer 6

Firstly get your foot right before taking action, sit tight till weds have you got anti-inflamatories/pain killers? Take it easy and dont try to walk or drive. I know its hard I did the same 3 years ago and to be honest my foot is still swollen bigger that my other one. Theres nothing more you can do till its fixed you have a couple of years to take action against the NHS if you have a case. Good luck x

Answer 7

The problem with doctors and specialists is that they do make mistakes from time to time but they do not believe they are wrong and will certainly not admit they are wrong, or admit they acted inappropriately or were on that occasion incompetent. We'd lose all faith in them if they admitted to being human, thereby making human mistakes, on the rare occasion.

My advice: lodge a formal complaint in writing on the NHS website and then report the problem to the 'National Care Standards Commission' who is an external body and holds all medical practises accountable to a specific standard.

The NHS Complaints procedure can be found here:
http://www.nhs.uk/england/aboutTheNHS/complainCompliment.cmsx

The National Care Standards Commission website is: http://www.nursing-home-directory.co.uk/care-regulations.htm

I hope this helps and I hope your foot gets better soon.

Answer 8

You did what I did - only it was my L foot on the 19 of July- mine healed- but I have a bump and pain when I press on it- no xray either- but if yours is still broken- it sounds like neglect and they goofed-bummer- So- since they said it was still broken- did they reset it?? take care and inform the consultant of everything- D

Answer 9

well i think i would, they have put your life on hold because they could not be bothered to do a second Xray

on the other hand the NHS hardly has any money and probably got good lawers so you might not get far

Answer 10

Go to casualty and tell them you are unable to walk on it and how much pain you are in.