Have you experienced a delayed hip fracture diagnosis? If so, you may be wondering whether you could seek compensation. In this guide, we aim to provide you with the necessary information you may need to make a medical negligence claim.
Delayed hip fracture diagnosis claims guide
Additionally, we will look at the duty of care you are owed by a medical professional and how a breach of this duty could lead to you experiencing unnecessary harm.
Furthermore, this guide will look at the impact a delayed fracture diagnosis could have on your quality of life and the compensation you could receive to address the impact of the avoidable harm you suffered if you make a successful claim.
Whilst we have aimed to provide you with the information you need, we understand that you may still have questions. Our advisors are able to give you free legal advice and answer any questions you may have concerning your potential claim. They are available 24 hours a day, 7 days a week. To get in touch:
- Call on 0800 652 3087
- Contact us online.
- Chat with an advisor using the live chat feature at the bottom right of the page.
Select A Section
- What Is A Delayed Hip Fracture Diagnosis?
- Types Of Delayed Diagnosis
- When Could I Claim For Medical Negligence?
- Delayed Hip Fracture Diagnosis Claim Amounts
- Begin Your Claim For A Delayed Hip Fracture Diagnosis
What Is A Delayed Hip Fracture Diagnosis?
A delayed hip fracture diagnosis can involve an incident where the fracture isn’t diagnosed or is incorrectly diagnosed when it is first assessed, meaning the correct diagnosis is delayed.
The NHS state that a hip fracture is a break or crack in the femur (top of the thigh bone) close to the hip joint. Usually, they are caused by a fall or injury, but they can also be the result of a health condition, e.g. cancer that weakens the hip bone.
Common symptoms of a broken hip could include:
- Pain in the hip.
- Swelling and bruising around the hip.
- Not being able to move, rotate, lift or put weight on your leg.
You may require certain tests to confirm that you have a fractured hip, such as an X-ray, MRI scan or CT scan.
Additionally, the National Institute for Health and Care Excellence (NICE) recommend that surgery should be performed within 48 hours of hospital admission for someone with a fractured hip. However, this can be delayed if necessary for the patient’s health.
If you don’t receive surgery in the necessary time, it could lead to your fracture worsening. However, to claim compensation, you must prove that you suffered avoidable harm due to a healthcare professional breaching the duty of care they owed you. We shall explain what this duty of care is in a later section.
Types Of Delayed Diagnosis
There are various ways a delayed hip fracture diagnosis could occur. For example:
- A hospital doctor fails to assess your injury correctly. As a result, they fail to order an imaging test meaning your fracture goes undiagnosed for a period of time. This leads to you experiencing complications due to the worsening of your condition.
- A doctor fails to read the results of your X-ray correctly. As a result, you are left without a diagnosis until you revisit the hospital. In the meantime, your condition worsens due to receiving no treatment.
It’s important to note that not all incidents of a delayed diagnosis are the fault of the medical professional. A medical professional could have upheld the duty of care they owe you and you still experienced harm. In these instances, you may not be eligible to seek compensation.
Contact our advisors today for further guidance about medical negligence claims. Alternatively, continue reading to learn more about the duty of care owed to you by a medical professional.
When Could I Claim For Medical Negligence?
In order to seek compensation for a delayed fracture diagnosis, you must prove:
- A medical professional owed you a duty of care.
- They breached this duty of care.
- This then caused you avoidable harm.
All medically trained professionals, including doctors, nurses, GPs and pharmacists, in the public and private healthcare sectors owe you a duty of care. They must ensure that they are providing you with the correct standard of care. If they fail to do so and you are caused unnecessary harm as a result, you may be able to seek compensation.
Our advisors can offer you free legal advice regarding your potential claim. Contact them today.
Is There A Time Limit For Claiming Compensation?
For missed hip fracture compensation claims, you must ensure that you adhere to the time limit for starting a medical negligence claim. Generally, these time limits are:
- 3 years from the date of the incident.
- 3 years from the date you realised medical negligence caused you harm.
However, there are exceptions. Call an advisor today to find out whether you are still within the time limit to start a claim.
Delayed Hip Fracture Diagnosis Claim Amounts
If you make a successful delayed hip fracture diagnosis claim, you could receive a settlement that consists of general damages and special damages.
General damages compensate for the pain and suffering caused by the harm you experienced due to medical negligence. There is also consideration given to the impact on your quality of life, the severity of the harm sustained and your future prognosis.
Solicitors can use a document called the Judicial College Guidelines (JCG) to assist them in valuing claims for general damages. With this in mind, we have created the following table using the guideline compensation figures listed within the latest edition of the JCG, published in April 2022.
However, how much compensation you could receive will depend on the factors specific to your claim, so you should only use this table as a guide.
| Injury | Notes | Amount |
|---|---|---|
| Injuries to the Pelvis and Hips | (a) Severe (i) - Spondylolisthesis of the low back joint due to a hip injury, that causes intolerable pain and needs a spinal fusion surgery. | £78,400 to £130,930 |
| Injuries to the Pelvis and Hips | (a) Severe (ii) - Traumatic myositis ossificans with formation of ectopic bone around the hip. | £61,910 to £78,400 |
| Injuries to the Pelvis and Hips | (a) Severe (iii) - Hip replacement surgery is required due to the fracture of an arthritic femur or hip. | £39,170 to £52,500 |
| Injuries to the Pelvis and Hips | (b) Moderate (i) - Significant injury to the hip or pelvis, however there are no major risks of a permanent disability. | £26,590 to £39,170 |
| Injuries to the Pelvis and Hips | (b) Moderate (ii) - Hip replacement surgery may be required or another type of injury. | £12,590 to £26,590 |
| Injuries to the Pelvis and Hips | (c) Lesser (i) - There is little or no residual disability despite the injury being significant. | £3,950 to £12,590 |
| Injuries to the Pelvis and Hips | (c) Lesser (ii) - A complete recovery following a minor soft tissue injury. | Up to £3,950 |
| Leg Injuries | (c) Less Serious (i) - The person makes an incomplete recovery from a fracture. | £17,960 to £27,760 |
| Leg Injuries | (c) Less Serious (ii) The person has a femur fracture that is simple in nature but there is no damage to the articular surfaces. | £9,110 to £14,080 |
| Leg Injuries | (c) Less Serious (iii) - Simple fractures of the tibia or fibula. | Up to £11,840 |
Special damages, on the other hand, compensate for the financial losses you have suffered due to the harm caused by medical negligence. These losses can include travel expenses, medical costs and loss of wages. You will need proof of these losses, such as receipts and bank statements, to claim them back.
For more information on the compensation you could receive following a successful claim, get in touch on the number above.
Begin Your Claim For A Delayed Hip Fracture Diagnosis
Our panel of experienced solicitors may be able to represent your medical negligence compensation claim with a No Win No Fee agreement. The particular type of agreement they often work under is called a Conditional Fee Agreement (CFA).
With a CFA, you won’t pay any fees for your solicitor’s services upfront, while the claim is ongoing or if the claim fails.
However, if your claim is successful, your solicitor will take a small percentage of your compensation. This amount is legally capped and is known as a success fee.
To learn whether a solicitor from our panel could represent your claim on this basis, please get in touch with our team. An advisor can also discuss whether you’re eligible to make a delayed hip fracture diagnosis claim.
For more information, you can:
- Call us free on 0800 652 3087
- Contact us online.
- Chat with us using the live chat feature at the bottom right of the page.
Clinical Negligence Resources
Read more of our medical negligence guides:
- Missed pelvic fracture compensation claims
- Negligent cool sculpting fat freezing
- Failure to diagnose cancer settlements
Additional resources:
- GOV- NHS Constitution For England
- NHS Resolution – Annual Report Statistics 2021/22
- General Medical Council (GMC) – The professional duty of candour
Contact our advisors today for further guidance regarding a claim for a delayed hip fracture diagnosis.
Guide by Megan
Edited by Meg