Welcome to our guide on the eligibility criteria for making a medical negligence claim for an ACL tear misdiagnosis. To have a valid medical negligence compensation claim the misdiagnosis must have been caused by a breach in the duty of care owed to you by a medical professional. Also, you must have suffered harm that was otherwise avoidable. There is also information on the injury itself, proving the misdiagnosis took place due to medical negligence, and how compensation for an ACL tear negligent misdiagnosis is calculated.
Our advisors are always available to answer your questions. So, if you’d like some clarification on anything mentioned in this guide, feel free to get in touch. In addition to free guidance, our advisors can also offer to connect you with one of our No Win No Fee solicitors to assist you with a claim they deem to be valid.
ACL Tear Misdiagnosis Claims Guide
Read on to find out more about medical negligence claims following an ACL tear misdiagnosis. Our contact details are below as well.
- Call on 0800 652 3087
- Discuss your claim online
- Use the pop-up chat window
Select A Section
- Could I Claim For An ACL Tear Misdiagnosis?
- How Can A Torn Anterior Cruciate Ligament Injury Be Misdiagnosed?
- Showing The Medical Professional Acted In A Negligent Way
- How Much Could My Payout For An ACL Tear Misdiagnosis Be Worth?
- Get Help With Your Medical Negligence Claim
- Further Information On ACL Tear Misdiagnosis Claims
Could I Claim For An ACL Tear Misdiagnosis?
Not every case of an ACL tear misdiagnosis will be caused by a medical professional acting negligently. That is why when thinking of making a medical negligence claim it is important to ensure your case meets the eligibility criteria. When patients are being treated by a medical professional, then the practitioner owes them a duty of care to provide a service of reasonable skill and care. This means the level of care they provide must meet a certain standard.
To be eligible to make a medical negligence claim for an ACL tear misdiagnosis, you must be able to satisfy the following criteria:
- You were owed a duty of care by a medical institution or professional,
- This duty was breached, and
- You suffered harm that was otherwise avoidable.
Time Limits
Misdiagnosis claims, along with other claims for medical negligence, have to begin within 3 years. This is the general time limit found in The Limitation Act 1980. Although, the Act does mention certain exceptions to this otherwise limitation period.
To find out if you’re eligible to make a claim following an ACL tear misdiagnosis, reach out to our advisors today.
How Can A Torn Anterior Cruciate Ligament Injury Be Misdiagnosed?
The Anterior Cruciate Ligament (ACL) is one of the most important ligaments in the knee and one of the most commonly injured. Although it can withstand great force, activities such as certain sports can push it to its limit and cause an ACL tear.
The injury can be partial, or it can be completely torn. When a doctor is diagnosing the injury, an MRI or CT scan tends to be involved in the process.
Below are examples of how a misdiagnosis of an ACL tear could occur:
- Although there are clear signs of a ligament tear, the doctor does not order any scans but diagnoses a sprain. This causes a delayed diagnosis which results in the injury deteriorating.
- Your scan results are mixed up with another patient’s. Your knee injury is misdiagnosed which leads to a delay in treatment this causes you to need more invasive treatment such as surgery to repair your ACL tear.
- A GP fails to refer you for tests or scans even though your symptoms point to a tear in your ACL.
To find out if you could make a medical negligence claim call our advisors today and through a no-obligation assessment of your case they could tell you the validity of the claim.
Showing The Medical Professional Acted In A Negligent Way
When making a claim following an ACL tear misdiagnosis, you need to be able to present evidence that the harm you experienced was caused by a medical professional breaching their duty of care.
We have included a few examples of evidence below, but your own circumstances may present additional or different opportunities.
- Hospital discharge letter – There will be information here about the dates of your admission/discharge, as well as why you were being treated.
- Witness contact details – For example, a loved one may have been with you when you were misdiagnosed. They may be willing to submit a statement.
- Your medical records – These can show how the diagnosis could have happened at an earlier stage.
The Bolam test may be requested, but this will all be arranged for you. This is when a panel of relevantly trained medical professionals are asked to consider the circumstances in which the misdiagnosis occurred to evaluate whether the correct standard of care was present.
Comparing the opinions of a medical professional’s peers can help establish if what you experienced was in fact medical negligence.
Medical misdiagnosis claims can also involve you being invited to attend an independent examination. The nature and severity of your injuries will be assessed, and you can use this report as evidence. It’s also useful for those calculating how much your claim for an ACL tear misdiagnosis could be worth.
How Much Could My Payout For An ACL Tear Misdiagnosis Be Worth?
As with other medical negligence claims, the value of a claim following an ACL tear misdiagnosis varies on a case-by-case basis. This is because every claim is unique, and the impact will be different for each claimant.
The legal professionals involved with your claim are responsible for arriving at a suitable figure for the level of pain and suffering you’ve experienced as a result of your ACL tear misdiagnosis. This head of claim is called general damages. Part of the calculation process involves consulting a publication called the Judicial College Guidelines (JCG).
Figures From The JCG
We’ve included some entries taken from the latest edition of the JCG in the table below. They can be used as a rough guide, only.
| Injury | Severity | Description | Compensation Bracket |
|---|---|---|---|
| Knee | Severe | (i) Serious knee injury where there has been disruption of the joint. Lengthy treatment will be involved and there will be loss of function and considerable pain. | £69,730 to £96,210 |
| Knee | Severe | (ii) A leg fracture that extends into the knee joint. Lasting pain will occur, as well as limited movement and impaired agility, | £52,120 to £69,730 |
| Knee | Severe | (iii) Injuries which result in less severe disability than above. There may be continuing symptoms by way of pain and discomfort and limitation of movement. | £26,190 to £43,460 |
| Knee | Moderate | (i) Injuries involving dislocation, torn cartilage or meniscus which results in minor instability. | £14,840 to £26,190 |
| Knee | Moderate | (ii) Similar injuries to the above entry, only less serious. For example, twisting and brusing injuries with occasional pain. | Up to £13,740 |
What Are Special Damages?
Some claims can include a second head of claim called special damages. This figure is comprised of the losses and expenses that have arisen as a result of the harm you’ve experienced due to your ACL tear misdiagnosis.
Examples can include:
- Walking aids.
- Loss of earnings.
- Adaptions to your property.
- Care at home.
- Medical costs.
Keep payslips, receipts, and other documentation to help you support this area of a claim. Get in touch today, and our advisors can value your claim for you as a whole, combining both general and special damages.
Get Help With Your Medical Negligence Claim
When working with one of our solicitors, you’ll do so under a form of No Win No Fee arrangement. The specific kind of arrangement our solicitors offer their clients is called a Conditional Fee Agreement (CFA). This removes the requirement to pay them anything upfront, or while the case progresses.
If your claim succeeds, a No Win No Fee solicitor takes a success fee from your compensation. However, it takes the form of a legally capped percentage. It isn’t taken from you if your claim fails.
Talk To Our Team About No Win No Fee Claims
Reach out today if you want to know more about making a medical negligence claim in the wake of an ACL tear misdiagnosis. Once you’ve spoken to our advisors, they will be able to offer you tailored advice and even value your claim for you. There is no obligation to start a claim once you’ve been in touch, and the advice is free of charge.
- Call on 0800 652 3087
- Discuss your claim online
- Use the pop-up chat window
Further Information On ACL Tear Misdiagnosis Claims b
Thank you for reading our guide on whether you could claim compensation for an ACL tear misdiagnosis. Follow the links below to additional reading material that you may also find helpful.
More from us:
- Medical misdiagnosis claims explained – One of our general guides on this topic.
- A & E medical negligence compensation claims – You could be misdiagnosed at A & E. Read on to find out if you could make a claim.
- Medical negligence claims – More information from us on medical negligence in general.
Information from other sources:
- Knee ligament surgery – Information from the NHS on a procedure you may require when you suffer an ACL tear.
- Pre-Action Protocol for the Resolution of Clinical Disputes – Government information.
- Litigation friends – More from the Government. Find out about the process of appointing someone to claim on behalf of someone who is incapable of doing so themselves.