All medical professionals must ensure they meet the minimum standard of care when providing care to their patients. As such, they should take reasonable measures to ensure they are meeting this standard. However, in some cases, they might fail to adhere to the correct standard causing a patient further or avoidable harm. In cases where a medical professional’s negligence has caused you harm, you may be eligible to seek compensation. If you have suffered avoidable harm because of a negligent delayed arm fracture diagnosis then this guide will answer your questions.
Delayed arm fracture diagnosis claims guide
This guide will talk about the responsibility healthcare professionals have, and the duty of care they owe to their patients. It will also explore the process of claiming compensation if you were harmed by, or had your condition worsened by the negligence of a practitioner.
Additionally, this guide aims to help you understand how compensation awarded following a successful claim is calculated. Also, if you are interested in hiring a solicitor but are concerned about the costs often associated, this guide could help. We will explore the benefits of hiring a solicitor who offers No Win No Fee services.
If you would like to speak to someone directly, our advisers are available and can give you free legal advice. You can speak to an adviser now by:
- Calling us on 0800 652 3087
- Using the contact us page
- Using the live support option at the bottom of the screen
Select A Section
- What Is A Delayed Arm Fracture Diagnosis?
- How Could Negligence Cause A Delayed Arm Fracture Diagnosis?
- Can You Claim Compensation For Medical Negligence?
- Compensation Amounts For A Delayed Arm Fracture Diagnosis
- Start A No Win No Fee Claim Now
What Is A Delayed Arm Fracture Diagnosis?
Medical professionals are expected to meet the correct standard of care, they should at all times follow professional standards to prevent their patients from experiencing harm that could have otherwise been avoided. However, there are cases where they might fail to do so.
A delayed fracture diagnosis occurs when a fracture is not identified straight away. This could happen for various reasons.
For example, you may have attended the hospital after injuring your arm in a slip, trip or fall accident. Your doctor may have failed to send you for an X-ray despite you showing clear signs of a fractured arm. Due to their negligence, you may have been left without a diagnosis or misdiagnosed with a severe sprain. As such, you may have experienced complications from not receiving the correct treatment for your original condition.
If a medical professional does not act with the expected standard of care, they can be found to have acted negligently. If your condition worsened as a result of their negligence, such as developing a nerve injury from the delayed diagnosis then you could be eligible to make a claim for compensation.
You could be awarded compensation to address the pain and distress from the worsening of your condition, and any costs this may have led you to suffer.
If you were affected by a delayed arm fracture diagnosis caused by negligence, you can reach out to one of our advisers now for information on making a medical negligence claim.
Fractured Bone Diagnosis
According to the NHS, a broken arm may be diagnosed with an X-ray to see if the bone is broken. It can also determine how severe the break is.
Once you have the correct diagnosis, your doctor can begin to treat your injury. The doctor that treats you may use plaster of paris to immobilise your arm so that bone can heal completely.
If you have injured your arm, you should ensure you seek medical attention to receive treatment. If you don’t receive the correct treatment, you could experience complications.
How Could Negligence Cause A Delayed Arm Fracture Diagnosis?
There are various ways medical negligence could cause a delayed arm fracture diagnosis. Examples include:
- A failure to visually identify symptoms of a fracture: You may have presented visually visible symptoms of a fracture such as a bent arm, or swelling. However, your doctor may have failed to recognise the symptoms, diagnosing you with a severe sprain instead. As a result, you may have experienced additional harm due to not receiving the correct treatment.
- A failure to request a scan: Your doctor may have failed to properly assess your injury by not sending you for an X-ray or other necessary scans. As a result, this may have led to you receiving a delayed diagnosis or missed diagnosis.
- A failure to correctly identify a fracture that is visible on a scan: Your doctor may have failed to correctly read your X-ray scan despite the fracture being clearly visible. As a result, you may have not received the correct diagnosis leading to complications.
If you are looking for information about whether your delayed arm fracture diagnosis may be a case of medical negligence, then please reach out to an adviser now.
Clinical Negligence Claims Statistics
According to the NHS Resolution’s Annual Statistics Report, there were a total of 12,629 new claims in 2020/21. Additionally, the report showed a total of 12,041 settled claims.
These can be medical negligence claims and non-clinical cases too.
Can You Claim Compensation For Medical Negligence?
If a trained medical professional’s negligence caused your delayed arm fracture diagnosis, leading to unnecessary harm you could be eligible to make a claim for compensation. There are certain steps you can take to support your claim, including:
- Gathering relevant evidence: This could include medical evidence such as X-rays, scans and hospital reports. You may also be invited to attend a medical appointment that is completed by an independent medical professional. This can help to provide an insight into the extent of the harm you have suffered.
- Seeking legal advice: An experienced medical negligence solicitor could help you gather relevant evidence to support your case. Additionally, they could arrange for you to attend a medical appointment in your local area.
Furthermore, you would need to be aware of the medical negligence time limit for starting your claim. Generally, you would have three years to start your claim. This could either start from the date of the incident that caused you harm or the date you connected the harm you sustained with negligence.
There are certain exceptions to this time limit though, so please get in touch for more information. Our advisers can further discuss whether you’re eligible to make a claim and whether a solicitor from our panel could help.
Compensation Amounts For Delayed Arm Fracture Diagnosis
If you make a successful delayed arm fracture diagnosis claim, your settlement could comprise two heads of claim. These are known as general damages and special damages.
General damages is compensation for the impact the harm you have sustained has had on your quality of life. This accounts for the pain and suffering you have experienced and covers both physical and psychological harm.
Compensation for general damages is often calculated by legal professionals who use the Judicial College Guidelines to help them. The guidelines provide bracket compensation amounts that correspond to different arm injuries at varying levels of severity.
We have included figures from the April 2022 edition of the guidelines. As your settlement will vary based on several factors, you should only use these as a guide.
| Injury | Notes | Award |
|---|---|---|
| Arm amputation: (b) Loss of one arm (i) | Where the arm has been amputated at the shoulder. | Not less than £137,160 |
| Arm amputation: (b) Loss of one arm (ii) | Where the arm has been amputated above the elbow. | £109,650 to £130,930 |
| Arm amputation: (b) Loss of one arm (iii) | Where the arm has been amputated below the elbow. | £96,160 to £109,650 |
| Arm Injuries: (a) Severe | Injuries that are extremely serious in nature falling short of amputation. | £96,160 to £130,930 |
| Arm Injuries: (b) Injuries resulting in permanent and substantial disability | Injuries might include serious forearm fractures to one or both arms. | £39,170 to £59,860 |
| Arm Injuries: (c) Less severe | While the claimant may have suffered initial significant disabilities, there will have been or will be a substantial recovery. | £19,200 to £39,170 |
| Elbow Injuries: (a) Severe | A severe and disabling elbow injury | £39,170 to £54,830 |
| Elbow Injuries: (b) Less severe | Injuries causing impaired function of the elbow but that don't require major surgery. | £15,650 to £32,010 |
| Complex Regional Pain Syndrome (CRPS): (a) Severe | The person will have a poor prognosis and have their ability to work greatly reduced as well as experiencing other issues. | £52,500 to £84,010 |
| Complex Regional Pain Syndrome (CRPS): (b) Moderate | The award given will depend on various factors such as the prognosis and severity of the symptoms. | £28,030 to £52,500 |
Special damages is compensation for financial losses associated with the harm you experienced as a result of negligence. This can address losses such as:
- Loss of income
- Medical treatment costs
- Adaptation costs
Our advisers can give you an estimation of how much your medical negligence claim could be worth, and answer any questions you might have about making a claim.
Start A No Win No Fee Claim Now
A No Win No Fee solicitor can help you make your claim for compensation.
The solicitors from our panel offer to represent claims under a Conditional Fee Agreement (CFA) which is a type of No Win No Fee arrangement. Under this agreement, your solicitor won’t charge you an upfront fee or ongoing fees.
Additionally, you won’t be asked to pay a success fee if your claim fails. You will pay this if your claim succeeds. However, it is a legally capped amount taken from your compensation. Your solicitor will explain the fee in more detail before you start your claim with them on this basis.
To see if you can work with an experienced medical negligence solicitor please reach out to one of our advisers now. You can reach us by:
- Calling us on 0800 652 3087
- Using the contact us page
- Using the live support option at the bottom of the screen
References
Please find some additional resources below.
- CQC: Complain about a service provider to the Care Quality Commission
- NHS: How to get your medical records
- GOV: NHS Constitution for England
- Wrong Medication Negligence Claims
- Wrongful Death Negligence Claims
- How Do I Make A Claim Against The NHS
For more information on making a delayed arm fracture diagnosis claim, call our team.