By Stephen Lambert. Last Updated 1st November 2023. 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:
- Missed Fracture Compensation Case Study
- What Is An Undiagnosed Or Missed Fracture And When Could I Claim?
- Average Payout For A Missed Fracture UK – How Much Could I Receive?
- No Win No Fee Missed Fracture Compensation Claims
- Where To Learn More
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 was 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.
An undiagnosed or missed fracture refers to instances where you have suffered a fracture, but the medical professional treating fails to notice your fracture, and therefore you do not receive a diagnosis for it.
Medical professionals automatically owe their patients a duty of care. As part of this duty, they should provide a minimum standard of care and prevent their patients from coming to unnecessary harm.
If a fracture injury is undiagnosed or missed by a medical professional who examined you, then this could lead you to suffer unnecessary harm before you eventually receive the treatment you need. For example, the severity of your initial fracture could worsen. You could potentially make a medical negligence claim if you’ve suffered unnecessary harm due to a breach of the duty of care owed to you by a medical professional.
For more advice on your eligibility to claim for a missed fracture, please contact our advisors for free today. They can also discuss other aspects of claiming, such as what missed fracture compensation amount you could potentially receive if, for instance, a fractured arm injury was missed. Or they could discuss other potential broken bone compensation amounts.
The man in the provided example received compensation for how his injury and the negligence affected him personally. This shows that various factors are considered when your compensation is calculated. Information on the average payout for a missed fracture or the average compensation for an ankle and leg injury may not be useful to you for this reason.
A successful claim could address both the pain and suffering caused by the injuries and any related financial loss.
The compensation for pain and suffering is known as general damages and the figures we have provided in the table below can show you how general damages has been awarded in previous court claims.
This information comes from the Judicial College Guidelines (16th edition, released in 2022) – the publication typically used by legal professionals to value injury claims. However, you should not take these amounts as guaranteed for your claim.
|Serious fractures or damage tot he cervical spine discs that cause considerable disabilities.
|£65,740 to £130,930
|Fractures in both feet or heels that cause considerable, permanent pain with a substantial restriction on mobility.
|£41,970 to £70,030
|A leg fracture that has extended into the knee joint and causes constant, permanent pain.
|£52,120 to £69,730
|Severe disc fractures or lesions that cause chronic conditions despite undergoing treatment.
|£38,780 to £69,730
|A transmalleolar fracture that results in a deformity.
|£50,060 to £69,7000
|Serious fractures in one or both forearms that cause a significant permanent residual disability.
|£39,170 to £59,860
|Severe (iii) Serious
|Serious comminuted or compound fractures that cause instability and will require prolonged treatment.
|£39,200 to £54,830
|Severe (iv) Moderate
|Multiple or complicated fractures to a singular leg.
|£27,760 to £39,200
Missed fracture compensation payouts in the UK could also include special damages, which is the head of claim addressing financial loss.
Like the case study, this will be awarded specifically for your needs. For example, you could potentially claim for:
- Affected income
- Spending towards treatment or care
- Adaptation needs in your home or car
General damages and special damages will combine to form your final compensation. Please get in touch with a member of our team if you would like a personalised estimate for compensation in your claim.
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.
These external pages could have more useful, relevant information:
- The National Health Service (NHS) Resolution Website
- Advice On Taking Action For Clinical Negligence
- NHS Information On Broken Ankles
These other guides we have published could also be of some use:
Other Misdiagnosis Claims
- Misdiagnosis Negligence Compensation Claims
- Missed Elbow Fracture Claims
- Missed Finger Fracture Claims
- Missed Radius Fracture Claims
- Missed Nasal Fracture Claims
- Missed Neck Fracture Claims
- Missed Diagnosis Of A Fracture Claims
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Written by Mac
Edited by LisM.