Were Your Concerns Ignored by the NHS? When Does a Failure to Listen Become Medical Negligence?

You know your own body. You know when something has changed and sometimes, you know that something is wrong before anyone else does. But what happens when you tell a doctor or hospital that something is wrong and you are reassured, discharged or told that there is nothing serious to worry about? What if you know that something still isn’t right, so you go back? That second visit can be extremely important.

A patient who continues to experience pain, worsening symptoms or a change in their condition may seek medical attention again because they know that the problem has not been resolved.

The question is then whether the healthcare professionals properly considered those continuing concerns and the information already available to them. Sometimes a missed diagnosis is an unfortunate consequence of the difficulty of diagnosing illness. But sometimes warning signs were present, concerns were raised and opportunities to investigate or treat a condition were missed. In those circumstances, there may be a medical negligence claim.

At Aston Knight Solicitors, we investigate complex medical negligence claims where the full picture is not always apparent at first. We look beyond the eventual diagnosis and examine the chronology of what happened:

What did the patient report? What did the doctors know? What did they do? What happened when the patient came back? And could earlier action have prevented further harm?

When you know something is wrong but the hospital says otherwise

One of the most frustrating experiences for a patient is being told that nothing serious has been found when they know that their symptoms have not gone away.

You may leave hospital expecting things to improve.

But they don’t.

The pain continues.

Your mobility remains restricted.

Your symptoms become worse.

Or something simply does not feel right.

You return to hospital because you know that the original problem has not been resolved.

What happens next can be critical.

Healthcare professionals should consider the patient’s current symptoms alongside the information already available to them.

This is particularly important where the patient has already been examined, undergone investigations or received treatment. A second attendance is not necessarily just a new episode. It may be evidence that the original diagnosis or treatment needs to be reconsidered.

A real Aston Knight case: the patient knew something was still wrong

A case we dealt with at Aston Knight illustrates this point.

Our client, whom we will call Ian to protect confidentiality, attended the emergency department of his local hospital after suffering a fall and experiencing ankle pain.

An X-ray was taken. The X-ray showed a fracture. However, Ian was told that the X-ray was clear and was discharged with a walking boot of the type ordinarily used for a simple soft-tissue injury rather than treatment appropriate for a fracture. But Ian knew that something was not right. His ankle continued to hurt. Rather than simply accepting that nothing was wrong, he sought medical attention again.

A few days later, he attended the emergency department at another hospital within the same NHS Trust. This was a significant second opportunity to identify what was happening. The previous X-rays were available to the second emergency department – and those X-rays showed the fracture. Despite this, Ian was again discharged without treatment for the fracture.

He subsequently attended another hospital, where the fracture was finally identified. By that stage, it was suspected that the failure to properly treat the fracture earlier had resulted in it beginning to heal in an incorrect position. Ian had also experienced unnecessary pain and suffering during the period in which his fracture remained untreated.

Ian instructed Aston Knight Solicitors to investigate what had happened.

We obtained the relevant medical records and sought expert evidence from an Emergency Department Consultant. The expert’s opinion was that the fracture should have been identified and that Ian should have been admitted for appropriate treatment rather than discharged with a walking boot.

The NHS Trust denied liability. It argued, among other things, that Ian’s treatment would have been the same even if the fracture had initially been correctly identified. The case therefore involved a dispute about both what should have happened and what difference the earlier treatment would have made.

Sadly, Ian passed away from unrelated causes before further investigations could be completed. However, the claim did not simply disappear. Following his death, his sister took over conduct of the case. A settlement was ultimately negotiated.

What does this case tell us?

The case demonstrates why the chronology of medical treatment can be so important. Ian did not simply attend hospital once and subsequently discover that his ankle had been fractured.

He:

attended hospital → underwent an X-ray → was told it was clear → continued to suffer pain → returned to hospital → was discharged again → attended another hospital → was finally diagnosed with the fracture.

The fact that he returned for further medical attention was important. He knew that something was still wrong!

His continuing symptoms were a reason for further investigation, particularly when the earlier X-ray had in fact shown the fracture.

This is why, when investigating a potential medical negligence claim, it is important not simply to look at the eventual diagnosis. The whole story matters.

Does being ignored by a doctor mean you have a medical negligence claim?

Not necessarily.

Medical negligence is not established simply because a doctor disagreed with you, because your diagnosis was subsequently found to be wrong or because your condition became worse.

The important questions include:

• What symptoms did you report?
• How serious were those symptoms?
• What did the healthcare professional know at the time?
• What investigations were carried out?
• What did those investigations show?
• Were the results properly interpreted?
• What treatment was provided?
• Did you return because your symptoms continued or worsened?
• What information was available when you returned?
• Should the healthcare professional have reconsidered the original diagnosis?
• Should further tests or investigations have been carried out?
• Would earlier or different treatment have made a difference?

These questions can make the difference between an unfortunate medical outcome and a potentially successful negligence claim.

Why a second hospital attendance can be so important

A patient’s return to hospital can provide important evidence.

It may demonstrate that:

• symptoms had not resolved;
• the original diagnosis was not addressing the underlying problem;
• the patient continued to experience significant pain;
• the patient’s condition was deteriorating;
• the patient had expressed ongoing concerns;
• further investigations were warranted.

It can also provide another opportunity for clinicians to review what happened previously.

This does not mean that every second attendance should result in a different diagnosis.

However, where a patient returns with continuing or worsening symptoms, the circumstances need to be properly assessed. In some cases, the second attendance may reveal that the first diagnosis was wrong. In others, it may reveal that an important test result was overlooked. Sometimes, as in Ian’s case, the information necessary to make the correct diagnosis was already available.

The question is not simply “Did they get it wrong?”

This is one of the most important points in medical negligence law. A poor outcome does not automatically mean that someone was negligent. Doctors and other healthcare professionals sometimes have to make difficult decisions with incomplete information.

The legal question is generally whether the care provided fell below the appropriate standard and whether that failure caused or contributed to injury. This is why expert medical evidence is so important.

In Ian’s case, Aston Knight did not simply rely on the fact that a fracture had eventually been identified. We obtained the records and sought an independent expert opinion from an

Emergency Department Consultant. The expert was able to consider the treatment provided and advise whether the fracture should have been identified and treated earlier.

What if the hospital says that the outcome would have been the same anyway?

This is a common issue in medical negligence claims.

A hospital or NHS Trust may accept that something could have been done differently but argue that it would not have made any difference to the patient’s ultimate outcome. That is why causation is so important. For example, if a fracture should have been identified earlier, it may be necessary to establish whether earlier treatment would have:
prevented the fracture from healing incorrectly;

• reduced pain and suffering;
• avoided further treatment;
• reduced the risk of complications;
• resulted in a quicker recovery.

Similarly, with other medical conditions, earlier diagnosis may potentially have resulted in less invasive treatment, a better prognosis or a different outcome. The medical evidence must establish what difference earlier intervention would probably have made.

When should you take your concerns seriously?

If you have been told that nothing is wrong, but your symptoms continue, it is important to seek appropriate medical attention. You should not assume that you have suffered negligence simply because you remain concerned.

Equally, you should not feel that you must ignore your own concerns simply because you have already been reassured once. If your symptoms worsen or persist, seek further medical advice.

If you subsequently discover that you had a condition that should reasonably have been identified earlier, it may be appropriate to investigate whether the earlier treatment was negligent.

What evidence can help prove that your concerns were ignored?

Medical negligence cases often depend upon reconstructing exactly what happened.

Important evidence can include:

Your medical records

These may show:

• what you reported;
• what examinations were performed;
• what investigations were undertaken;
• what the results showed;
• what diagnosis was made;
• what treatment was provided;
• what happened when you returned.

Your own evidence

Your recollection of what you told doctors and nurses can be important, particularly if you repeatedly explained that your symptoms were continuing or getting worse.

Family or witness evidence

A relative who attended hospital with you may remember what you said to staff or how your condition appeared.

Previous investigations

Sometimes the evidence that something was wrong was already present.

An X-ray, scan, blood test or other investigation may contain information that was not properly identified or acted upon at the time.

Subsequent diagnosis

The eventual diagnosis can help medical experts understand what was happening earlier and whether there was an opportunity to diagnose or treat the condition sooner.

What if another solicitor has rejected your medical negligence claim?

This is where the Aston Knight Difference matters.

Medical negligence claims can be difficult. Sometimes another firm may conclude that there is insufficient evidence to establish negligence. Sometimes the case may be considered too difficult or uneconomic to investigate. Sometimes, however, a closer examination of the records can reveal a different picture.

At Aston Knight Solicitors, we specialise in complex and rejected personal injury and medical negligence claims.

We investigate the chronology carefully. We ask what the patient reported. We examine what the healthcare professionals knew. We consider what the investigations actually showed. And we look at what happened when the patient returned.

Because sometimes the most important part of a medical negligence case is not simply what the doctor diagnosed. It is what happened when the patient knew that diagnosis could not be right – and went back for help.

You know your own body

You are not expected to diagnose yourself. You should, however, be able to expect your concerns to be properly considered.

If you repeatedly seek medical attention because your symptoms are continuing or worsening, those concerns form part of the clinical picture.

Sometimes the explanation will be that there was no negligence.

But sometimes further investigation will reveal that a diagnosis was missed, a test was overlooked, a warning sign was not acted upon or an opportunity to provide appropriate treatment was lost.

That is why the full chronology matters.

At Aston Knight Solicitors, we believe that difficult medical negligence claims deserve proper investigation.

Our approach is particularly focused on complex and rejected claims, including cases where another firm has decided that a claim cannot be pursued.

We cannot promise that every case will succeed. But we can investigate what happened and advise you honestly about the evidence.

Were your concerns ignored?

Did you know something was wrong?

Did you return to hospital because your symptoms continued?

Were you subsequently diagnosed with a condition that could or should have been identified earlier?

If so, it may be worth obtaining specialist legal advice.

Were Your Concerns Ignored?

If you knew something was wrong, raised your concerns with the NHS, or returned to hospital because your symptoms had not improved, you may have questions about whether your treatment fell below an acceptable standard.

Aston Knight Solicitors can help you understand what happened and whether you may have a medical negligence claim.

We provide expert advice, personal service and a determined approach to every case. We are specialists in complex and rejected medical negligence claims, with a proven track record of succeeding where other firms have failed.

Contact us today to discuss your concerns and find out whether we can help. Discover The Aston Knight Difference.