You might be eligible to claim compensation for a delayed toe fracture diagnosis. In this guide, we explore broken toes and when a delay in the diagnosis of a toe fracture might lead to a medical negligence claim.
Delayed toe fracture diagnosis claim guide
We look at what symptoms may indicate that your toe is broken. In addition, we look at how the methods used to diagnose these kinds of injuries. Also, we explore examples of treatment that you could be offered for a toe fracture.
If a missed toe fracture diagnosis resulted in harm, you might be eligible for compensation. We look at what duty of care healthcare providers owe to their patients. When a breach in this duty of care occurs and you are harmed, you might have a valid claim.
You might like to claim compensation with legal representation. However, you might be worried about affording the solicitors’ fee. We explore a No Win No Fee agreement. This is a way of funding legal representation.
Our advisors are available 24 hours per day, seven days each week.
To speak with an advisor:
- Call us on 0800 652 3087
- Begin your claim online
- Speak with someone using the chat feature on your page now
Select A Section
- What Is A Delayed Toe Fracture Diagnosis?
- How Toe Fractures Are Diagnosed And Treated
- Can Fractures Be Missed On An X-Ray?
- Check If You Could Claim Damages For A Delayed Toe Fracture Diagnosis
- What Could You Claim For A Delayed Toe Fracture Diagnosis?
- Talk To Us About No Win No Fee Delayed Toe Fracture Diagnosis Claims
What Is A Delayed Toe Fracture Diagnosis?
When seeking medical attention, you should expect healthcare professionals to provide a minimum standard of care. This means that they need to act in a way that prevents patients from experiencing unnecessary harm.
Sometimes, harm is required in the course of medical treatment. For example, if you have broken a bone and it’s started to heal out of position, then you might need to have it re-broken in order for it to be treated. You would not be able to claim for this harm.
Sometimes, a doctor might miss or misdiagnose a condition while adhering to the duty of care that they owe you. For example, you could have your fracture missed because your symptoms are not typical of this kind of injury, meaning a doctor can’t reasonably be expected to come to this diagnosis.
New Claims Statistics
Every year the NHS publishes the Resolution Annual Report containing statistics of new claims filed. 12,629 new clinical negligence claims were filed in 2020/21.
Of these:
- 1,152 related to emergency medicine
- 1,256 related to orthopaedic surgery
- 467 related to general medicine
- 409 related to radiology
Symptoms Of A Broken Toe
According to the NHS, broken toe symptoms can include:
- Reddening or bruising
- Pain and swelling
- Difficulty bearing weight on the injured foot
- Pointing out at a strange angle
- Bone sticking out
- Tingling or numbness
You may also have heard a snap, grinding or popping sound whilst the injury occurred.
How Toe Fractures Are Diagnosed And Treated
A toe fracture may be diagnosed with a foot exam. You could also have an X-ray to diagnose your condition.
Treatment may include immobilising the foot using a cast or a boot so that it remains in position when it heals. In some cases, you might need surgery so that pins and plates can be inserted into the bone and hold it in position.
What Is Negligent Medical Treatment?
Healthcare providers have a duty of care towards their patients. If a breach in this duty of care results in a patient experiencing harm as the result of a delayed toe fracture diagnosis, then this could be the grounds for a valid claim.
Negligence in relation to the diagnosis of a toe injury could result in:
- Infection (particularly if the fracture is open or displaced)
- Arthritis in the future
- The bone may start to heal in the incorrect position
- Further pain and discomfort while recovering, particularly if you received negligent medical advice as a result of the fracture being missed
Our advisors can discuss your delayed diagnosis. Get in touch today for free legal advice on making a medical injury claim.
Can Fractures Be Missed On An X-Ray?
Fractures require an X-ray for diagnosis according to the NHS. A delayed toe fracture diagnosis could occur if an X-ray is not ordered.
Fractures could be missed on an X-ray because:
- Misinterpretation of the X-ray leading to a missed fracture in A&E.
- The medical professional not knowing how to read the X-ray, or not having enough experience
- The X-ray was taken incorrectly
- The X-ray results are lost
Talk to our advisors if an X-ray misinterpretation resulting in a delayed fracture diagnosis could form the basis of a valid claim.
Check If You Could Claim Damages For A Delayed Toe Fracture Diagnosis
When treating patients, it is expected of medical professionals to meet a basic standard of care. This includes taking steps to ensure the correct diagnosis in a timely manner. You might be able to claim medical negligence compensation if a basic standard of care wasn’t met and you experienced harm as a result.
However, you must be able to prove:
- A duty of care was owed.
- A breach occurred that delayed your diagnosis.
- You then experienced harm as a result of the delayed fracture diagnosis. If the fracture was missed, but this did not negatively impact your health, you would not be able to claim.
Time Limits
You must begin your clinical negligence claim within the time limit. This is typically three years. In some circumstances, however, there are exceptions.
For example, if you lacked the mental capacity to claim when the delayed diagnosis occurred. You will have three years in the event that you regain your capacity to make your own claim. However, a litigation friend may begin a claim on your behalf, and the time limit is suspended.
Discuss with our advisors what evidence you could use to support your missed toe fracture diagnosis claim. If you have a valid delayed toe fracture diagnosis claim, you could be connected with a No Win No Fee solicitor from our panel.
What Could You Claim For A Delayed Toe Fracture Diagnosis?
You might want to explore a compensation calculator for your delayed toe fracture diagnosis. However, instead of including one in this guide, we’ve created a table below to give you an idea of how claims could be valued.
Your claim could be made up of two heads if you decide to file one. These are general damages and special damages. We look at each below.
General Damages
To compensate for your physical injuries, along with any psychological damage experienced as a result, you could receive general damages.
The table below contains compensation examples from the Judicial College Guidelines (JCG). This is a document used by legal professionals to help assign value to injuries. It contains injuries listed next to their potential compensation bracket. Our table contains examples from the 16th edition, released in April 2022.
Injury Potential Compensation Notes
Foot injuries (c) £83,960 to £109,650 Permanent severe pain or really serious disability from very severe injuries, including forefoot amputation.
Foot injuries (e) £24,990 to £39,200 Continuous pain and arthritis risk from serious foot injuries, or a risk of arthritis developing in the future.
Foot injuries (f) £13,740 to £24,990 Moderate foot injuries, including permanent deformity and continuous symptoms from displaced metatarsal fractures.
Foot injuries (g) Up to £13,740 Continuing symptoms from modest foot injuries, including simple metatarsal fractures and ruptures to ligaments.
Moderately severe post traumatic stress disorder (PTSD) £23,150 to £59,860 The symptoms result in a significant disability for the foreseeable future. However, there will be some recovery with professional help.
Toe injuries (a) £36,520 to £56,080 Where all toes have been lost through amputation.
Toe injuries (b) In the region of £31,310 Where amputation has caused the great toe to be lost.
Toe injuries (c) £13,740 to £21,070 Severe toe injuries, including crush injuries resulting in amputations to one or two toes. However, the great toe will not be affected.
Toe injuries (d) £9,600 to £13,740 Permanent disability, such as pain and discomfort from serious toe injuries, including multiple fractures.
Toe injuries (e) Up to £9,600 Moderate toe injuries, which could involve fractures or the exacerbation of a pre-existing condition.
Special Damages
Under this head of your claim, you could recover costs that you have incurred due to your injury. You could recover additional medical expenses, for example. Also, you could recover your lost wage or loss of future earnings. In order to do so, however, you must be able to supply evidence, such as receipts or payslips.
Contact our advisors for an estimate of your claim. Provided your claim is valid, you could be connected with a No Win No Fee solicitor from our panel to work on your case.
Talk To Us About No Win No Fee Delayed Toe Fracture Diagnosis Claims
If you decide to claim compensation, you might find the process easier with legal representation. Hiring a solicitor could mean that you’re expected to pay them upfront or as they work on your claim. There is another way to have a solicitor without paying an upfront solicitors fee, however.
This is commonly called a No Win No Fee agreement. A common kind of No Win No Fee agreement is called a Conditional Fee Agreement (CFA). If you choose to work with a No Win No Fee solicitor, they will not charge you an upfront solicitors fee. Instead, the fee for your solicitors’ services is taken from the award of successful claims.
This is known as a success fee and it is legally limited. If your claim is unsuccessful, however, you will not have to pay the success fee.
Our advisors are standing by to answer your questions about your potential delayed toe fracture diagnosis claim. If your claim seems eligible it could be passed onto our panel of medical negligence solicitors.
To contact us:
- Start your claim online
- Call us on 0800 652 3087
- Speak with someone using the chat feature on your page now
Where To Learn More
The following links might help you:
And more guides:
If you have any more questions about making a delayed toe fracture diagnosis claim, speak with an advisor for free legal advice.
Writer Danielle Bibby
Publisher Fern Stiles