Torn Tendon & Torn Injury Negligence Compensation Claims
Tendon injuries can be misdiagnosed for a number of reasons, but this typically happens when doctors cannot determine the extent of the patient’s injury, or if initial testing is inconclusive. Sometimes, these kinds of mistakes are unavoidable.
Unfortunately, a tendon injury misdiagnosis can sometimes happen when doctors fail to properly examine their patients’ injuries. This is classed as medical negligence.
If you, or someone close to you, have experienced avoidable harm as a result of a similar misdiagnosis, then you could be entitled to compensation.
Why choose SDS Solicitors?
We believe that everyone deserves the same, high standard of healthcare. That’s why our team has spent the last few decades helping victims of medical negligence from across England and Wales.
A tendon injury misdiagnosis can severely impact a person's life, but a successful claim can help a lot by taking some of the financial pressure off.
To find out if you have a claim, what you could be entitled to and what your next steps should be, get in touch with our experts today.
Simply call us on the number at the top of this page or fill out our contact form. A member of our team will get back to you as soon as possible.
What are the causes and symptoms of tendon injuries?
With approximately 4,000 tendons in the human body, it is no surprise that these tissues are often susceptible to injury. While there are many symptoms to look out for, here are some of the most common.
After a tendon injury, the tendon may become swollen. This is known as tendonitis, and is a common symptom of a tendon injury.
Patients suffering with tendonitis could also experience joint stiffness, pain, and reduced movement in the affected area.
While the condition can be treated at home or with painkillers (either over the counter or prescribed), it still requires several days of rest, and symptoms may only alleviate after 2 to 3 weeks.
Achilles Tendon Injuries
Sports involving a lot of stop-and-start movements, such as football, running or tennis, are typically associated with Achilles tendon injuries. The repeated, sudden bursts of exercise can put strain on the Achilles tendon and may cause an injury. Patients may also experience an Achilles tendon injury after having a fall.
The first thing you may experience is a sudden and intense pain in the back of the leg, accompanied by an audible snap and a pulsing pain in the calf. This is typically followed by weakness of the foot.
Despite these notable symptoms, not all patients are quick to recognise that their Achilles tendon has been injured. This is because many people are still able to walk and move their legs after sustaining this kind of injury.
Biceps Tendon Rupture
Most bicep tendon ruptures are the result of a sudden injury or heavy lifting. Men over the age of 30, bodybuilders, physical labourers and patients taking certain medications may be more susceptible to such injuries.
The classic indication of a ruptured bicep tendon is the sensation of a sudden "pop" at the site of the injury.
There are two main types of bicep tendon rupture - proximal and distal, the former being the more common of the two. Other possible symptoms of a proximal rupture include severe pain, bruising and/or swelling of the bicep. Meanwhile, symptoms of a distal biceps tendon tear also include weakness while bending the elbow.
Without a prompt diagnosis, the symptoms associated with tendon injuries can worsen significantly. The longer tendon injuries go undiagnosed, the longer they will go untreated. Meanwhile, other conditions may also be left to develop.
What are the risks of misdiagnosing a tendon injury?
Like any condition, tendon injuries can initially be misdiagnosed. In fact, when it comes to Achilles tendon injuries, this happens an estimated 25% of the time.
If you are at a higher risk for an Achilles tendon injury (e.g., if you regularly play a sport or have suffered with this type of injury in the past) your doctor should refer you for further tests, regardless of whether initial testing was conclusive.
Failure to do so could mean that surgery becomes the patient’s only option – particularly if their diagnosis was delayed by more than 6 weeks.
Six weeks after surgery, tendon retraction and the formation of scar tissue (due to the body's natural healing process) make surgery more difficult. Usually, a more complex procedure is required to attempt to lengthen the Achilles tendon or reconstruct the tendon surgically.
The prolonged retraction frequently results in chronic muscle weakness and pain. The functional recovery of these patients is typically between 70 and 80 percent, which is lower than that of patients treated promptly.
Unfortunately, there are many instances where doctors fail to provide their patients with the right level of care.
When a misdiagnosis causes a delay in surgery, tendon injuries can worsen significantly. Distal biceps tendon ruptures, for example, may cause the tendon to retract, meaning that the tendon must be reconstructed via surgery. In some cases, a graft may even be required.
If you have suffered avoidable harm because your doctor did not follow the correct procedure to correctly diagnose and treat your tendon injuries in an appropriate amount of time, then this may be considered negligent.
My Achilles tendon injury was misdiagnosed. What am I entitled to?
If you can prove that your misdiagnosis was caused by a lack of proper care, then this may be deemed negligent and you could be entitled to financial compensation.
The amount of compensation you are entitled to will depend on a variety of factors, including:
- Loss of earnings caused by additional time off work
- Changes made to your lifestyle because of injuries
- Loss of earnings caused by impact of injuries (mental or physical) on job prospects
- Additional costs (such as travel costs)
- Mental or physical anguish
- Any other impact made on your life.
If any of the above was caused as a direct result of insufficient care, you may be entitled to compensation, and all of the above will be taken into account when valuing your claim.
Claims for a tendon injury misdiagnosis can be anywhere from £6,820 - £11,820 for minor Achilles tendon injuries, or up to £36,060 for more severe cases. However, these amounts will vary significantly from case to case.
To learn more about whether you may be entitled to compensation, and how much you may be entitled to, you will need to contact an experienced solicitor.
Get in touch with us today via the number at the top of this page or by filling out our contact form.
My tendon injury was misdiagnosed. Is this medical negligence?
Doctors are trained to monitor their patients for signs of tendon injuries. Unfortunately, mistakes can and do still happen, and a tendon injury may be mistaken for something else. However, this is not always considered negligent. If the doctor responsible for diagnosing your condition followed the correct procedures, then any misdiagnosis made would not be considered negligent.
But if your misdiagnosis was made in spite of clear signs of a tendon injury, and you experienced harm as a result, then you may be entitled to compensation.
One such example of medical negligence is failing to refer the patient to the right orthopaedic team as soon as possible.
Similarly, failing to properly examine the patient’s injuries, or consider any relevant medical history when making the diagnosis, could also be deemed negligent if the patient experienced harm as a result of these errors.
This also includes having an open dialogue with patients. Your doctor should make you fully aware of your treatment options at every stage. Without fully understanding the options available to you, you will be unable to consent to any surgeries you undergo, and any consent you may have given will be void.
If you have experienced any of the above, or you believe that you have experienced avoidable harm as a result of your tendon injury misdiagnosis, you could be entitled to compensation. In this instance, understanding what options are available to you is essential.
What are my next steps for my tendon misdiagnosis claim?
It is the duty of healthcare professionals to ensure that all patients receive the same, high standard of care. Nobody deserves to experience further harm (be it physical, financial or psychological) because of insufficient care.
If you, or someone close to you, have experienced harm which could have been avoided had your doctor acted appropriately when diagnosing or treating your tendon injury, then you could be entitled to compensation.
Making a claim can be difficult. But with the right legal team at your side, you can feel confident every step of the way.
You are not alone. At SDS Solicitors, our dedicated tendon misdiagnosis team can support you through the process.
To find out whether you may be entitled to compensation, how much you could claim for and to increase your chances of making a successful claim, get in touch with our experts today.
We are passionate about helping clients to seek appropriate justice and recompense, and our track record speaks for itself.
We work with clients across England and Wales, and we can offer you an initial consultation and a no win, no fee service if we think that you have good grounds for a case.
Our experienced Tendon Injury Compensation Solicitors act regularly for clients across Greater Manchester including Ashton, Bury, Bolton, Radcliffe, Prestwich, Middleton, Failsworth, Rochdale, Oldham, and Whitefield.
Sheldon Davidson Solicitors are a Lexcel accredited personal injury law firm. The Lexcel standard is only awarded by the Law Society to firms who meet the highest standards of practice management and customer service.
With Sheldon Davidson Solicitors in Manchester, you can be confident that your misdiagnosis claim is in safe hands.
Call us for free now using the number at the top of the page or complete the online contact form and a member of our team will get back to you.