Client suffers severe osteoporosis after 16-year delay in diagnosis

Despite our client raising concerns with healthcare providers multiple times, it took 16 years for her osteoporosis to be diagnosed. By this time, it was severe, and her long-term prognosis was poor. Our medical negligence team helped her to recover £250,000 in compensation.

Client situation

Mrs ED suffered from back pain since 2000. She saw a physiotherapist who showed her some exercises and gave her advice. By 2002, her back pain had not improved, and she was becoming concerned. She had a family history of severe osteoporosis and hoped that if a scan identified any problems, early treatment would control the problem.

She was referred to physiotherapy and had a Bone Density Scan in April 2002. In July 2002 she saw her GP, who made no reference to her Bone Density Scan and instead advised Mrs ED to drink more milk, eat yoghurt and to arrange a further appointment once she had reached menopause. She was not provided with any treatment and no monitoring was suggested.

8 years later, in November 2010, Mrs ED was still suffering from back pain and asked her GP for a new bone density scan. She was referred for the scan and she was provided with medication.

The bone density scan took place in January 2011, but Mrs ED did not receive any further contact from either the hospital or her GP practice in relation to this scan. She attempted to take the medication she had been prescribed but suffered severe side effects, so she was advised by a GP to stop taking it.

From 2011 to 2016, osteoporosis was never mentioned, nor was she advised of any alternative medication to treat her symptoms.

In 2016, Mrs ED saw a physiotherapist for upper back pain. The physiotherapist told Mrs ED that she had been diagnosed as having osteoporosis following her scan in 2011. They explained that the scan had revealed osteoporosis in her femoral head. Apparently, it had been recommended at the time that she undergo further scanning every two years, but Mrs ED was never told this and these further scans had not taken place.

The physiotherapist performed some exercises, during which Mrs ED felt a big clunk in her back.

The physiotherapist arranged an x-ray for Mrs ED and found that she had crumbling vertebrae. She was referred to a consultant physician where she underwent a bone density scan, an x-ray and blood tests.

She was told at that point that her bone density had dropped drastically since 2011, and that she now had severe osteoporosis and multiple spinal fractures. By this stage, Mrs ED had constant pain in her upper spine and had difficulty performing everyday tasks. Her long-term prognosis was poor, and she was worried about her future care and treatment, now that she had a long-term, life-limiting condition.

How we helped

Mrs ED contacted Co-op Legal Services and spoke with Medical Negligence Solicitor, Daniel Comerford. Daniel noted all of the details, recorded Mrs ED’s concerns and gave her free initial specialist legal advice.

Mrs ED then instructed Co-op Legal Services to deal with her medical negligence claim. Daniel wrote to the defendant and the other medical record holders, requesting copies of all of her medical records. He invited the defendant to make early admissions of liability at that stage.

The defendant provided us with the copy records as requested, and later offered Mrs ED £20,000 in compensation.

Daniel reviewed Mrs ED’s medical records, prepared a witness statement and approached independent experts for evidence. He obtained expert reports from a GP, a consultant physician, a physiotherapist, an occupational therapist and a spinal surgeon.

Daniel reviewed the reports alongside similar medical negligence claims and compensation awards. He advised Mrs ED that the offer of £20,000 was insufficient for the pain and suffering that she had experienced, especially considering the care and assistance she would require in the future.

Daniel then started negotiations with the defendant on Mrs ED’s behalf. The claim was settled at a joint meeting between everyone involved.

The outcome

As a result of Daniel’s negotiations, Mrs ED recovered £250,000 in compensation for her pain and suffering and for future care and assistance. Mrs ED was pleased that the compensation will cover the aids and equipment she’ll need for her future care.

At Co-op Legal Services, our medical negligence solicitors offer free legal advice to people who may have suffered negligence or a medical mistake.