If you were to suffer a fractured talus bone that was either negligently misdiagnosed or overlooked entirely by hospital staff, if you suffered further harm then you may have a valid claim for medical malpractice if you are able to prove the care was below the standard that could be reasonably expected by a competent doctor conducting the same work. This guide takes the form of an example case study, that will demonstrate the how and why of missed fracture claims.
All claims are unique, so covering every possible question in a single page is impossible. If this page doesn’t answer all of your concerns, please call our team on 0800 652 3087. One of our advisors will answer all of your questions, and also explain to you how we can help organise a clinical negligence solicitor to process your claim for you
Choose A Section:
- A Guide To Missed Fracture Compensation Claims
- What Is An Undiagnosed Or Missed Fracture?
- 5 Causes Of Fractures Being Misdiagnosed
- Missed Fracture Compensation Case Study
- How Did The Missed Fracture Diagnosis Harm The Claimant?
- Missed Fracture Compensation Claims Calculator
- How Do I Claim Compensation If A Hospital Missed My Fracture?
- No Win No Fee Missed Fracture Compensation Claims
- Start Your Claim
- Where To Learn More
A Guide To Missed Fracture Compensation Claims
In this guide, we aim to show how a medical negligence lawyer could process a claim for the negligent misdiagnosis of a talus fracture, on behalf of an injured patient. We will do this by providing an example case study, showing how negligence occurred, the effect this had on the patient, and how they subsequently made a successful claim.
We start this guide by looking at what a missed or undiagnosed fracture is, and why in some cases, such a mistake could be construed as clinical negligence. We have listed five of the most common reasons why fractures are overlooked or misdiagnosed as well. This is followed up by an example case study. The last section in this part of the guide looks at how the claimant in the example case study, was harmed in both the short-term and the long-term.
The last part of this guide is given over to aspects of the claim process itself. We have provided you with a table that you can use to look up the level of compensation you might be able to claim. This is followed by three simple steps that you can take to get the legal help you need today. Lastly, we look at what a No Win No Fee deal is, and how this kind of fee agreement could protect you from some of the financial risks of making a claim.
If you have any questions about the process of claiming compensation for a missed fracture, or about your own circumstances, please reach out to our team on the number near the bottom of this page. One of our advisors will listen to the details of your claim, tell you about your legal options, and let you know how we can help you.
What Is An Undiagnosed Or Missed Fracture?
The misdiagnosis of a fracture and an undiagnosed fracture are subtly different things. In the first instance, the fracture is mistaken for another kind of injury and the patient receives the wrong treatment. In the second instance, the injury is overlooked entirely, and the patient receives no treatment whatsoever. For a claim to be possible, the injured party needs to be able to prove that negligence did indeed take place and you suffered further harm. It is down to the claimant to provide this proof.
If you believe that your health has suffered because of a wrongful diagnosis, due to medical negligence, then you could be in a position to make a compensation claim. You can call our team and speak to an advisor, once you have explained your situation to them, they will tell you whether you could have a valid claim or not.
5 Causes Of Fractures Being Misdiagnosed
Causes for hospital fracture misdiagnoses;
- The examining doctor did not have access to the patient’s medical history and therefore was unaware they had a medical condition that made fractures more likely.
- During the examination process, a doctor missed the physical signs that could mean that a fracture is present, and warrants further tests.
- Test results such as those from an MRI scan or an x-ray were misinterpreted.
- In a busy hospital, a patient was examined by an inexperienced medical professional such as an intern.
All of these examples show how a simple mistake can result in a fracture being overlooked or misdiagnosed. Where negligent mistakes are made by a medical professional, a compensation claim could be possible if the patient suffered harm.
Missed Fracture Compensation Case Study
In this example, we look at a clinical negligence claim made by a young motorcyclist who was involved in a road traffic accident. The motorcyclist knocked off the motorcycle by an overtaking lorry and pushed over onto the grass verge. The motorcycle fell sideways and pinned the rider’s ankle to the floor with one of the footpegs.
The rider, a young man in his 20s, was taken to the nearest hospital for emergency treatment. His superficial wounds were treated first and then a doctor examined his lower leg and ankle. The doctor failed to see that the ankle was misaligned and that this symptom hinted at the patient suffering from a fractured talus bone. More tests should have been called for, but they were not. Instead, the patient was discharged from the hospital with an undiagnosed fracture. Being told they had suffered only minor injuries and to rest the ankle.
On returning home, the patient suffered severe pain, even though the ankle was rested. The ankle continued to swell, and the pain became worse. After several days the pain was so bad that the patient could not sleep, no matter how they positioned their ankle in bed or propped up on pillows. They returned to the hospital. This time, the fracture was diagnosed properly. Unfortunately, during the time that the patient had spent at home, the bone had begun to fuse together out of alignment. Corrective surgery was required to fix this before a cast was applied and the patient sent home again.
Because of this injury and the subsequent complications, the patient would now walk with a limp for the rest of their life, as the ankle is permanently deformed. The ankle is also very weak, and likely to give way when walking on uneven ground. The patient decided to use a medical negligence solicitor, to make a compensation claim for the harm they had suffered.
The claim was a success, and the patient was awarded £60,000 in damages to compensate for the pain and suffering, as well as to make up for loss of earnings due to taking time away from work that they were not paid for.
How Did The Missed Fracture Diagnosis Harm The Claimant?
In this example case study, the claimant suffered a missed diagnosis rather than a misdiagnosis. Had the fractured talus bone not been overlooked, the patient would not have been sent home without treatment.
Because they were sent home without treatment, the injury was exacerbated, and complications set in. These complications required a surgical procedure to correct them. As a result of this surgical procedure, the patient would suffer a weakened ankle for the rest of their life, and also have a noticeable limp.
Missed Fracture Compensation Claims Calculator
If you have been the victim of medical negligence such as the misdiagnosis of a fracture, then this table can help you to find out how much you could be able to claim in compensation. It has been created based on the Judicial Guidelines used by the legal system in England.
|Ankle||Very Severe||In this category would be extraordinary, very severe injuries such as a transmalleolar fracture of the ankle that also exhibited symptoms such as severe soft-tissue damage. The long -term prognosis being that if there is any further injury to that ankle in the future, the leg may need to be amputated at the knee.||£46,980 to £65,420|
|Ankle||Severe||In this category would be all injuries that will require traumatic, intensive treatment for a lengthy time. Surgical pins, plates, etc. may have been used. There would be significant deformity of the ankle, which would limit mobility. Additional complications such as severe scarring, sleep disturbance, or the risk of osteoporosis in the future would see the injury at the top end of the compensation bracket.||£29,380 to £46,980|
|Ankle||Moderate||In this category would be injuries such as fractures, tears of the ligaments, and other injuries that would result in some loss of mobility. For example, a change in gait or difficulty walking on uneven surfaces. It may be hard for the victim to stand for long periods, or to tackle simple obstacles such as stairs.||£12,900 to £24,950|
|Ankle||Modest||This category would include minor fractures and soft tissue injuries. The level of compensation will be driven by whether or not the victim will make a full recovery, or if they will be left with a permanent impairment such as a weakened ankle or significant scarring.||Up to £12,900|
How Do I Claim Compensation If A Hospital Missed My Fracture?
If you have suffered due to negligence, such as a negligent undiagnosed talus fracture, then the three simple steps below are all you need to take, to get the legal help you need:
- Call our team and explain your situation to them. They will answer any questions you have, and also provide you with critical information such as the medical negligence claims time limit that will apply.
- An advisor will talk through your claim with you and evaluate whether you could be eligible to make a claim.
- If your claim is potentially valid, a solicitor from our expert panel will start processing your claim for you, to get you the compensation you are eligible for.
No Win No Fee Missed Fracture Compensation Claims
If you have suffered because of a missed fracture or wrongful diagnosis, a solicitor working under a No Win No Fee agreement may be able to help you to get the compensation you are eligible for.
Also known as a Conditional Fee Agreement (CFA), this form of agreement is intended to provide claimants with the legal help they need, whilst protecting them from financial harm where possible. By using a solicitor from our expert panel under a CFA, you won’t pay any upfront fees or any fees during the duration of your claim. If your claim is not a success, you also won’t have to pay your lawyer any fees they have accrued processing your claim.
If you do win your claim, your solicitor will ask you to pay a success fee. This is intended to cover the lawyer’s costs. The success fee is capped and will be collected automatically from the compensation payment your solicitor receives on your behalf, before passing you the remainder.
Start Your Claim
Have you suffered a missed talus fracture or wrongful diagnosis? Do you believe that medical negligence was the cause of this? If so, you can contact our team on 0800 652 3087. They will let you know whether your claim is valid, and how best to proceed with it.
Where To Learn More
These external pages could have more useful, relevant information:
These other guides we have published could also be of some use:
Written by Mac
Edited by LisM.