This guide will explore whether you’re eligible to claim following a delayed hand fracture diagnosis. All medical professionals have a responsibility to provide you with the correct standard of care. If they fail to do so and you experience harm as a result of their negligence, you may be eligible to seek medical negligence compensation.
In this guide, we will explore what a delayed diagnosis is and how one could occur. Furthermore, this guide will look at the impact a delayed diagnosis could have on your life.
Additionally, we will look at the compensation you could be owed and the evidence you could gather to support your case.
If you’re eligible to launch a claim, you might benefit from hiring a No Win No Fee solicitor from our panel. We have provided further information on what this means throughout our guide.
For more information, you can get in touch with our advisors by:
Select A Section
- What Is A Delayed Hand Fracture Diagnosis?
- How Are Hand Fractures Diagnosed?
- Could X-Rays Miss A Broken Or Fractured Hand?
- Check Your Eligibility To Claim For Medical Negligence
- Calculating Delayed Hand Fracture Diagnosis Compensation Claims
- Speak To Us About Delayed Hand Fracture Diagnosis Claims
If you seek medical attention for a fractured hand, you should expect healthcare professionals to meet a minimum standard of care. However, there may be instances where a medical professional fails to provide care that meets the minimum standard.
For example, they may fail to send you for an X-ray despite you exhibiting clear symptoms of a broken hand. As a result, you may experience complications from a delayed hand fracture diagnosis.
In such cases, you may be able to seek compensation. However, if you’re unsure whether a medical professional was liable for the incident in which you sustained further or avoidable harm, call our team.
They can provide further guidance on whether you’re eligible to make a delayed hand fracture diagnosis claim.
What Are The Symptoms Of A Broken Hand?
According to the NHS, a broken bone might cause you to exhibit the following symptoms:
- Pain and swelling
- Bruising and tenderness
- Pain when moving or touching the affected area
- Feeling faint, dizzy or sick
It could be difficult to tell you’ve broken a bone in your hand if nothing is out of its normal position. However, in more severe breaks, the bone might poke through the skin. For that reason, it’s important that you seek medical attention if you think you have broken your hand.
New Claims Statistic
According to NHS Resolution’s Annual Report Statistics, there were 12,629 new claims notified in 2020/21. The report also showed that there were 12,041 settled claims.
As per NHS guidance on hand fractures, you may need an X-ray to confirm a broken bone in your hand.
It can also help to determine the position and severity of the fracture. This can provide the medical professional in charge of your care with more of an insight into how your fracture should be treated.
There may also be instances where you’re given a physical examination before you’re sent for further tests.
What Is A Negligent Medical Diagnosis?
All healthcare professionals are expected to meet the correct standard of care when treating patients. There are occasions, however, when the care they provide falls below the expected standard.
For example, a delayed hand fracture diagnosis could occur if a medical professional fails to examine your hand properly. If your hand isn’t examined after a suspected break, and an inspection would have highlighted the need for diagnostic tests, you may not be sent to X-ray to confirm the diagnosis.
As a result of receiving a delayed diagnosis, you could experience complications of a missed finger fracture. For example, infection, permanent misalignment and long-term problems with your joints.
Speak to our advisors about starting a claim for a delayed hand fracture diagnosis that caused you harm as a result of negligence.
There may be instances where a medical professional sent you for an X-ray but you still receive a delayed diagnosis. Examples of how missed fractures could occur after X-rays might include:
- Misinterpretation of the X-ray. Despite the X-ray clearly showing a fractured hand, the doctor may have failed to read the results correctly leading to you experiencing complications from missed fractures.
- The X-ray could be difficult to read. This could be due to it being blurry, due to the patient moving too much during the X-ray. As a result, someone might experience a missed hairline fracture.
- Faulty machinery. The X-ray machine may have been faulty, leading to your results coming back as inconclusive leading to a missed fingertip fracture.
There are various ways you could experience a delayed hand fracture diagnosis. However, not all incidents of a delayed diagnosis could result in you being able to make a claim. You would need to prove that a medical professional’s negligence caused you harm. This could include an additional injury or avoidable harm.
Free legal advice about your potential eligibility to make medical negligence claim is available from our advisors. Call on the number above.
Healthcare professionals owe their patients a duty of care. This means you should expect a basic standard when seeking medical care. In order to make a medical injury claim, you must be able to prove that this duty of care was not upheld.
In order to do so, you could provide evidence, such as:
- Medical reports from the doctor or hospital that detail the treatment and diagnosis you received.
- Statement of diagnosis.
Additionally, you may be invited to attend an independent medical exam. This can be arranged by your solicitor. The report produced from the medical exam can provide further details on the harm you sustained and how badly it’s impacted your quality of life.
For more information on how a solicitor from our panel could help you gather evidence to support your delayed hand fracture diagnosis claim, call our team.
There are two potential heads that could make up your compensation. These are general damages and special damages. We explore each in further detail below.
This is the head of your claim that compensates for the pain and suffering you have experienced as a result of the harm sustained due to negligence. You would only be able to claim for the additional harm sustained as a result of negligence, not the original injury.
The table below contains compensation brackets from the Judicial College Guidelines (JCG) which are based on past court cases. Legal professionals use the JCG to help them when valuing the general damages head of claim. We’ve included examples from the 16th edition, published in April 2022.
|Hand injuries (a)||£140,660 to £201,490||Where both hands have been completely or effectively lost.|
|Hand injuries (b)||£55,820 to £84,570||Where both hands have been seriously damaged.|
|Hand injuries (c)||£96,160 to £109,650||One hand has been completely or effectively lost.|
|Hand injuries (d)||£61,910 to £90,750||The index, middle and/ or ring fingers have been amputated.|
|Hand injuries (e)||£29,000 to £61,910||Hand reduced to about 50% capacity from a serious injury.|
|Hand injuries (f)||Up to £36,740||Where the fingers have been severely fractured.|
|Hand injuries (g)||£14,450 to £29,000||Significantly impaired function from a less serious hand injury.|
|Hand injuries (h)||£5,720 to £13,280||A moderate hand injury, such as crush injuries, penetrating wounds or deep lacerations.|
|Hand injuries (i)||£12,170 to £18,740||Where the index finger has been totally or partially lost.|
|Hand injuries (k)||£10,320 to £16,340||Ring or middle finger injuries that are serious, such as fractures.|
Please note, the figures in the table are not necessarily reflective of what you will receive following a successful claim.
Under special damages, you could recover any costs you incurred as a result of the harm you sustained. These could include medical expenses or lost wages. You could even recover your loss of future earnings.
In order to recover any costs, however, you must be able to supply proof. This could include receipts, for example, or your payslips.
Our advisors can discuss what costs you could recover and what evidence you will need to save based on your circumstances.
You might like to claim compensation with a medical negligence solicitor. However, you might be apprehensive due to the costs often associated with doing so.If so, you may find it beneficial to hire a solicitor from our panel who offers No Win No Fee services, including a Conditional Fee Agreement (CFA).
Under this agreement, your solicitor won’t charge you an upfront fee for their services. They also won’t charge you for their services if your claim fails.
You will pay a success fee out of your compensation, if your claim is successful. This will be legally capped.
If you’ve experienced harm after a delayed hand fracture diagnosis due to negligence, you could contact our advisors to find out whether you can claim. An advisor can determine whether your case can be passed to a solicitor from our panel.
You can get in touch by:
Related Misdiagnosed Bone Fracture Claims
You might find the following links helpful:
- NHS- First Aid
- GOV- NHS Constitution For England
- GMC- Good Medical Practice
- What To Do If A Pharmacy Gives The Wrong Medication
- Suing the NHS Time Limits
- How Long Does a Medical Negligence Claim Take?
We hope this guide on making a delayed hand fracture diagnosis claim has helped. However, if you have any other questions, call our team.