Claim For Misdiagnosed Bone Infection (Osteomyelitis)

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Top 5 FAQs For Bone Infection Claims

Osteomyelitis is a serious bone infection that needs rapid treatment and if this doesn’t happen, it may lead to a claim for misdiagnosed bone infection. Unfortunately if healthcare professionals fail to identify a bone infection early, the consequences can be severe. Misdiagnosis or delayed diagnosis can allow the infection to spread, destroy bone tissue, and lead to avoidable surgery, long‑term disability, or even amputation. In England and Wales, patients harmed by these failures may have grounds to bring a clinical negligence claim.

Why Osteomyelitis May be Misdiagnosed

Osteomyelitis can be subtle in its early stages. Symptoms such as pain, swelling, fever, or fatigue can mimic far more common conditions.

In adults, it may be diagnosed as a soft‑tissue injury, arthritis flare, or generalised infection. In children, it can be mistaken for growing pains or a minor sports injury.

Essentially, because the condition is relatively rare compared to other musculoskeletal problems, clinicians may not immediately consider it. Red flags may include persistent bone pain and a fever. If a medical professional overlooks these signs, fails to order appropriate imaging, or dismisses symptoms without adequate examination, the window for early treatment closes quickly.

Why Misdiagnosis or Delay Is So Serious

Osteomyelitis is a progressive infection and the seriousness of a delayed or missed diagnosis lies in the speed at which the infection can spread and the impact on bone tissue if left undiagnosed.

1. Rapid progression

Bacteria multiply fast inside bone tissue. Without early treatment, the infection becomes more difficult to control which can lead to bone death.

2. More invasive treatment

A delay often turns a treatable infection into one requiring surgery, long‑term antibiotics, or multiple procedures to remove damaged bone.

3. Long‑term disability

Late diagnosis increases the risk of chronic pain, reduced mobility, recurrent infections, while in severe cases, it may ven lead to amputation.

4. Wider impact

Prolonged illness affects work, independence, and mental wellbeing. Many of these consequences could be avoided with a timely diagnosis.

When Misdiagnosis Becomes Clinical Negligence

It’s important to realise that not every poor outcome amounts to negligence. To bring a successful claim in England and Wales, you must be able to show that:

1. The care you received fell below an acceptable standard, and

2. This failure caused or materially contributed to your injury.

In bone infections, we’ve seen that negligence may arise when clinicians:

• Fail to take a proper history or examine the affected area
• Dismiss symptoms without adequate investigation
• Do not order blood tests, X‑rays, MRI scans, or other imaging when clinically indicated
• Misinterpret imaging results
• Fail to refer urgently to orthopaedics or infectious disease specialists
• Delay starting antibiotics despite clear signs of infection

If these mistakes result in a need for surgery, prolonged treatment, or permanent disability, you may well have grounds for a claim.

How to Start a Clinical Negligence Claim in England and Wales

Beginning a clinical negligence claim can feel stressful or even overwhelming, especially when you are still dealing with the consequences of a serious infection. But we work with clinical negligence solicitors who will be at your side for the whole process – which is simpler than most people imagine:

1. Seek legal advice as soon as possible

Time limits apply. In most cases, you have three years from the date of the negligent treatment or from when you first realised your injury was linked to that treatment. Your lawyer will assess your situation, explain your options, and advise whether you have a valid claim.

2. Gather your medical records

Your solicitor will request your medical records from your GP, hospital, and any other healthcare providers involved. These records form the basis of your claim. They show what symptoms you reported, what examinations were carried out, what tests were ordered, and how medical professionals responded.

3. Obtain expert medical evidence

Clinical negligence claims rely heavily on independent expert opinion. Your solicitor can help to arrange a consultation with a medical expert who will review all your medical records and provide a detailed report. With a bone infection, this is likely to be an orthopaedic surgeon, infectious disease specialist, or radiologist. They will look at:

• Whether the care you received fell below a reasonable standard
• Whether earlier diagnosis would have changed your outcome
• What harm was avoidable

Evidence my a medical expert is vital in deciding whether your claim can proceed.

4. Calculate your losses

Compensation in clinical negligence claims typically covers two main areas:

• General damages for pain, suffering, and loss of amenity
• Special damages for financial losses, such as lost earnings, travel costs, care needs, medical expenses, and future treatment

Your solicitor will help you document these losses thoroughly and can normally provide an estimate for your specific case.

5. Follow the Pre‑Action Protocol

Claims in England and Wales follow the Clinical Negligence Pre‑Action Protocol. This process involves early exchange of information and aims to resolve claims without court proceedings. The procedure follows these stsps:

• Sending a detailed Letter of Claim to the healthcare provider
• Receiving a Letter of Response
• Attempting settlement where possible

Many claims settle at this stage.

6. Issue court proceedings if necessary

If settlement cannot be reached, your solicitor may issue court proceedings. Even then, most cases settle before reaching trial. The aim is always to secure fair compensation for you without unnecessary delays.

Top 5 FAQs on Bone Infection Claims

1. What are the signs a bone infection was misdiagnosed?

If your pain, swelling, or fever worsened despite repeated appointments and no imaging or blood tests were done, the infection may have been missed.

2. Why is delayed diagnosis of a bone infection so serious?

A bone infection can spread quickly, destroy bone tissue, and lead to surgery, long‑term disability, or amputation if not treated early.

3. Can I claim for a misdiagnosed bone infection?

Yes. If a GP or hospital failed to spot the signs or delayed tests or referral, you may have grounds for a clinical negligence claim.

4. How long do I have to make a claim?

You usually have three years from the negligent treatment or from when you realised the harm you’ve suffered was linked to the delay.

5. What evidence helps a bone infection negligence claim?

Medical records, test results, appointment notes, and an expert report showing the diagnosis should have been made sooner.

Contact Us – Free Consultation

A bone infection (Osteomyelitis) is regarded as a medical emergency that requires rapid recognition and treatment. If you or a loved one has suffered because of a misdiagnosed or delayed diagnosis of a bone infection, you have the right to seek answers and pursue compensation.

We partner with highly experienced lawyers dealing with clinical negligence cases. They offer No Win, No Fee agreements, which means you only pay fees if you win your claim. This is in addition to your free, initial consultation. So, there are no upfront costs for you to worry about.

Our professional team can guide you through the process of how to claim compensation. We will give you the support and understanding you need at this difficult time.

📞 Call us at 0333 358 3034 to arrange your free consultation
🔗 Or visit Jefferies Claims Contact Us Page and we can call you back.

This blog is for informational purposes only and does not constitute legal or medical advice. Always consult with a medical professional and a qualified solicitor to understand your specific circumstances.