A Hospital Missed A Lumbar Fracture – Can I Make A Medical Negligence Claim?

This guide will explore when you could be eligible to make a medical negligence claim if a hospital missed your lumbar fracture.

hospital missed lumbar fracture

A Hospital Missed A Lumbar Fracture – Can I Make A Medical Negligence Claim?

Key eligibility criteria must be met to make a medical negligence claim. So, we outline the criteria you must satisfy and provide examples of evidence that could be provided to support your orthopaedic negligence case.

Additionally, we explore the duty of care medical professionals owe their patients and how your lumbar fracture could go undetected.

Furthermore, we discuss the potential compensation you could be entitled to and the elements that can comprise settlements in successful claims.

Finally, we discuss the specific type of No Win No Fee agreement our solicitors offer their services under for valid hospital negligence claims. You can learn more about the support they provide and if you’re eligible to benefit from their assistance by contacting our advisors.

You can get in touch with an advisor from our team today by:

Select A Section

  1. Are You Eligible To Claim If A Hospital Has Missed Your Lumbar Fracture?
  2. How Could A Lumbar Fracture Be Missed?
  3. How Do I Prove A Hospital Failed To Diagnose My Fracture?
  4. What Compensation Could You Claim For A Missed Lumbar Fracture By A Hospital?
  5. How Medical Negligence Solicitors Could Help You Claim For A Missed Bone Fracture On A No Win No Fee Basis
  6. Further Guidance On Claiming When A Hospital Missed A Lumbar Fracture

Are You Eligible To Claim If A Hospital Has Missed Your Lumbar Fracture?

Medical professionals owe all patients a duty to provide the correct standard of care. If their care falls below the minimum expected standard, causing you to suffer unnecessary harm, you might wonder whether you could claim medical negligence compensation.

If you want to pursue medical negligence compensation because a hospital missed your lumbar fracture, you must show:

  • A duty of care was owed to you.
  • This duty was breached.
  • You suffered unnecessary harm as a result.

The above points form the basis of negligence in tort law and must be present in your case to proceed. Get in touch with our team of advisors now for a free consultation. They may offer to pass you over to one of our solicitors if your case meets the eligibility requirements.

Check How Long You Have To Claim

Further to satisfying the above criteria, you must adhere to the time limits set out in the Limitation Act 1980 to enable you to seek medical negligence compensation. You generally have three years from the date when the medical negligence happened to begin your claim.

In other cases, you will have three years from your date of knowledge. This is when you found out about (or would have been expected to discover) the medical negligence.

There are other exceptions that could apply. Our advisors have more information on these exceptions to the general time limit, so contact them now to find out.

How Could A Lumbar Fracture Be Missed?

There are several ways a lumbar fracture could be missed. Below, are examples of how a fractured back could be missed and the complications this might cause.

  • Your X-ray may have been taken incorrectly by the radiologist. As a result, your doctor may have been unable to diagnose your fracture. The lack of treatment could lead to a nerve injury.
  • A medical misdiagnosis could be provided by your doctor when you show symptoms of a lumbar fracture but get treated for a sprain. Due to being provided with the wrong treatment, your condition could worsen.
  • Your doctor might fail to spot your fracture, as clearly shown on your scan results. Due to their misinterpretation, your condition could go untreated. As a result, the fracture could cause further damage to your spine and lead to paralysis.

It’s important to note that not all instances of a missed fracture will form the basis of a valid claim. So, to see if your circumstances provide you with valid grounds to proceed, contact our advisors today. 

How Do I Prove A Hospital Failed To Diagnose My Fracture?

When pursuing medical negligence compensation, you must be able to prove that the eligibility criteria are present in your case. In your circumstances, you must first prove that the hospital missed your lumbar fracture due to a medical professional failing to provide the correct standard of care. Following this, you must show that you suffered unnecessary harm due to this breach of duty of care.

Therefore, evidence can be very useful in your case. It can help outline your experience of medical negligence and illustrate how you were affected by it.

There are several forms of evidence you could gather to support your case. Below are just a few examples of what you could provide:

You may feel unsure about what evidence is relevant in your case or how to obtain it. Our solicitors offer help gathering evidence to support valid medical negligence claims as part of their service. Get in touch with our advisors now to see if you’re eligible for their support.

What Compensation Could You Claim For A Missed Lumbar Fracture By A Hospital?

If you made a medical negligence claim because the hospital missed your lumbar fracture, you would receive a settlement if you were successful. Your payout could contain up to two heads of claim, the first of which is general damages. This part of a settlement compensates for the pain and suffering caused by the medical negligence.

Legal professionals could obtain medical evidence to help work out the value of your case. They could also make reference to the Judicial College Guidelines (JCG), which we have used to produce the table below.

The JCG outlines guideline valuation brackets for different types of harm. The figures displayed in the table should only be used as a guide since all cases differ, and so compensation levels cannot be guaranteed.

Compensation Table

Harm TypeSeverity TypeGuideline CompensationOther Details
BackSevere (i)£91,090 to £160,980Nerve root and spinal cord damage leading to serious consequences.
Severe (ii)£74,160 to £88,430Nerve root damage with associated sensation loss, impaired mobility and unsightly scarring, for example.
Severe (iii)£38,780 to £69,730Disc fractures causing chronic conditions.
Moderate (i)£27,760 to £38,780Lumbar fractures causing constant pain and substantial risk of osteoarthritis.

Examples Of Special Damages

Cases that are awarded general damages could also receive special damages as part of their settlement. This is the second head of claim, compensating for the financial losses caused by medical negligence.

On the condition that you have evidence of these losses you could seek compensation for:

  • The loss of earnings you’ve endured from being unable to work
  • Expenses you’ve encountered whilst adapting your home to provide you with greater independence
  • Prescriptions you’ve had to pay on route to your recovery

Our advisors can explain the valuation process in more detail and estimate your compensation payout. 

How Medical Negligence Solicitors Could Help You Claim For A Missed Bone Fracture On A No Win No Fee Basis

If the hospital has missed your lumbar fracture and you’re eligible to make a medical negligence claim, our solicitors could help.

Providing your case is eligible; they may offer to work with you under a specific kind of No Win No Fee agreement, called a Conditional Fee Agreement. This means you will not have to pay for your solicitor’s service if your case fails.

In cases where you succeed, your solicitor would take a small, legally capped percentage of your compensation, known as a success fee. 

Contact Us

One of our advisors can discuss the details of your case with you to uncover its validity. If eligible, they may offer you the services of one of our solicitors.

For more information, please get in touch by:

Further Guidance On Claiming When A Hospital Missed A Lumbar Fracture

You can find more of our helpful guides below:

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Thank you for reading this guide about making a medical negligence claim because a hospital missed your lumbar fracture. If you have any other questions, call an advisor on the number above.

Guide by Will

Edited by Meg