All healthcare professionals are expected to meet the correct standard of care when treating their patients. This includes taking the correct steps to ensure any conditions are treated and diagnosed correctly. However, in some cases, they might fail to meet the minimum standard of care resulting in you receiving a delayed fracture diagnosis. This guide will help you understand whether you’re eligible to make a medical compensation claim for diagnostic delays.
Delayed fracture diagnosis claims guide
We explore what could result in a delayed fracture diagnosis. Also, we look at examples of medical complications that could occur as a result of delays.
We explore what you can do to prove negligence when making a medical negligence claim. In addition, we examine the duty of care medical professionals owe to their patients.
If you’ve suffered harm due to a beach in the duty of care, you might be eligible to claim compensation. We examine examples of missed fracture compensation payouts. We also look at what costs related to the harm you sustained you could recover.
If you decide to claim compensation, you may benefit from hiring a medical negligence solicitor to help you better understand the claims process. The costs associated with legal representation may cause you concern. However, we explore how No Win No Fee arrangements, such as a Conditional Fee Agreement (CFA) could help you avoid upfront fees often required when accessing a solicitors services.
For more information, you can contact our advisors by:
- Starting your claim online.
- Using the live chat feature at the bottom of the screen.
- Calling on 0800 652 3087
Select A Section
- What Is A Delayed Fracture Diagnosis?
- Why Do Delayed Fracture Diagnoses Happen?
- How Could You Make A Successful Delayed Fracture Diagnosis Claim?
- Delayed Fracture Diagnosis Compensation Calculator
- Contact Our No Win No Fee Team
What Is A Delayed Fracture Diagnosis?
There are various ways in which a delayed fracture diagnosis could occur. In some cases, a medical professional will have done everything they reasonably could to meet the minimum standard of care. However, you may have still sustained harm. In these cases, you may not be eligible to claim.
In order to hold a valid claim, you must be able to prove that a medical professional failed to provide the correct standard of care. You must also prove that as a result of their negligence, you suffered harm.
For example, you may have visited the hospital after falling over and hurting your wrist. Despite exhibiting clear signs of a fracture, your doctor may have failed to send you for an X-ray and diagnosed you with a serious sprain instead. As a result, you may have experienced complications from receiving a delayed diagnosis of a fractured wrist.
For more information, call our advisors to discuss a hospital negligence claim.
Diagnosing Broken And Fractured Bones
According to the NHS, it can be difficult to tell whether you have broken a bone if it’s not moved out of it’s normal position. However, there are certain symptoms you may experience if you’ve broken a bone. According to the NHS, these include:
- Hearing a snapping or grinding noise when the injury happens
- Swelling
- Bruising
- Tenderness
- Pain when moving or putting weight on the injury
- Feeling faint and dizzy
Additionally, for more severe breaks, the bone could poke through the skin. However, in minor fractures and cracks, you might not even notice the injury.
It’s important that you seek medical attention from a trained medical professional to ensure you receive the correct treatment. This could help to prevent complications from developing.
Why Do Delayed Fracture Diagnoses Happen?
There are various reasons why a delayed fracture diagnosis might happen as a result of a medical professionals negligence, including:
- Failing to carry out the correct tests: Your doctor may have failed to send you for an X-ray or other necessary scan despite you exhibiting clear signs of a fractured leg.
- Failing to examine the patient: Your doctor may have failed to properly examine you and diagnosed you with a sprain instead.
- Misreading the X-ray: Your doctor may have failed to correctly interpret the results of your X-ray resulting in you being left without a diagnosis.
As a result of receiving either the incorrect diagnosis or no diagnosis, you may have experienced ongoing problems and complications. In cases where your delayed diagnosis was a result of medical negligence, you may be able to claim. Call our team for more information.
Medical Negligence Statistics
The NHS Resolution Annual Report and Accounts 2020/21 provides statistics relating to clinical negligence claims.
As per the report, the NHS Resolution received 12,629 clinical negligence claims and reported incidents. Additionally, it highlighted that the NHS Resolution settled 15,674 claims for both clinical and non-clinical claims.
How Could You Make A Successful Delayed Fracture Diagnosis Claim?
To make a delayed fracture diagnosis claim you will need proof of medical negligence. The evidence you could gather to help support your claim includes medical records. These could highlight the original diagnosis you received and the correct diagnosis you later received. As such, this could help to show that you received a delayed diagnosis.
Additionally, you may be invited to attend an independent medical assessment. This could help to show the extent of the pain and suffering you have experienced as a result of medical negligence.
How Will The Bolam Test Affect My Claim?
Your medical negligence claim might be subjected to the Bolam Test. This is where a group of medical professionals trained in a relevant area of medicine review your case. It is used to determine whether the correct standard of care was provided.
Time Limits To Claim
When claiming for medical negligence, there are time limits that may apply. Generally, you have three years from the date of the incident, or the date you gained knowledge that negligence contributed to the harm you sustained to begin your claim.
However, there are exceptions. For more information on the time limits for making a delayed fracture diagnosis claim, call our team.
Delayed Fracture Diagnosis Compensation Calculator
If you decide to claim compensation for your delayed fracture diagnosis, your claim may comprise up to two heads. These are general damages and special damages.
The pain and suffering of your physical injuries and psychological damage is accounted for under general damages.
The Judicial College Guidelines can help legal professionals accurately calculate the value of your injuries alongside medical evidence. The publication contains injuries listed along with guideline compensation brackets.
We’ve included examples from the 16th edition, released in April, 2022 in the table below. Please note, the amounts listed should only be used as a guide because all settlements differ depending on several factors unique to individual cases.
| Injury | Potential Compensation | Notes |
|---|---|---|
| (a) Severe injuries to the pelvis and hips (i) | £78,400 to £130,930 | Injuries in this bracket might include pelvis fractures that are extensive involving a low back joint dislocation and a ruptured bladder. |
| (b) Severe leg injuries (ii) | £54,830 to £87,890 | Very serious leg injuries that cause ongoing issues with mobility. |
| (b) Arm injuries resulting in substantial and permanent disablement | £39,170 to £59,860 | Significant residual disability that is permanent as a result of serious fractures to one or both forearms. |
| Severe back injury (a) (iii) | £38,780 to £69,730 | Injuries in this bracket might include disc fractures, disc lesions, vertebral fractures and soft tissue injuries that cause chronic conditions. |
| Severe finger fractures (f) | Up to £36,740 | Finger fractures that lead to partial amputations resulting in deformity and other issues. |
| Moderate neck injury (b) (i) | £24,990 to £38,490 | This bracket includes injuries such as chronic conditions and fractures or dislocations that cause immediate and severe symptoms. |
| Skeletal injuries (a) | £23,810 to £36,740 | Le Fort fractures affecting the frontal facial bones. |
| Moderately severe psychiatric damage (b) | £19,070 to £54,830 | The person will experience significant problems in various aspects of their life but will have a better prognosis than severe cases. |
| Moderate ankle injuries (c) | £13,740 to £26,590 | This bracket could include injuries such as fractures and tears of the ligaments. |
| Shoulder injuries (e) | £5,150 to £12,240 | Clavicle fracture. |
In addition to general damages, you could recover costs related to the harm you sustained. To claim under this head, however, you must be able to prove your costs. For instance, if you are claiming for lost wages or loss of future earnings, your payslips could be presented as evidence.
Contact our advisors for further information on the compensation you could receive following a successful delayed fracture diagnosis claim.
Contact Our No Win No Fee Team
A solicitor could help you through the claims process such as by helping you gather evidence and arranging for you to attend an independent medical appointment.
If you would like to hire a solicitor to represent your case, you could do so on a No Win No Fee basis. Our panel of solicitors offer to represent cases under a Conditional Fee Agreement 2013 (CFA) which is a type of No Win No Fee service.
As part of the CFA, you won’t pay upfront costs for your solicitors services. You also won’t pay a success fee if your claim fails. You will need to pay the success fee from your compensation if your claim succeeds. However, this is subject to a legal cap and the way the fee works is outlined in the CFA.
Our advisors could put you in touch an experienced medical negligence solicitor from our panel to represent your case on this basis, provided your claim is valid and has a chance of success.
Alternatively, they could answer any questions you may have regarding your potential claim. For more information, get in touch by:
- Starting your claim online.
- Using the live chat feature at the bottom of the screen.
- Calling on 0800 652 3087
Delayed Fracture Diagnosis Claim Resources
Please find some additional resources below.
- GOV- NHS Constitution for England
- NHS- How to Complain to the NHS
- NHS Resolution- Claims Management
- Private Healthcare Medical Negligence Claims
- Missed Skull Fracture Claims
- Missed Diagnosis of a Fracture Claim
- Missed Fibula Fracture Claims Guide
For more information on delayed fracture diagnosis claims, please get in touch using the number above.