A delayed clavicle fracture diagnosis can have a large impact on your quality of life. The collarbone or clavicle rests at the top of your chest and is the bone that connects the ribs to the arms and forms part of the shoulders.
If this kind of injury is misdiagnosed, then it could mean that it takes longer to recover. In some cases, the injury might not recover at all because of the delay in making a diagnosis and arranging treatment.
If you’ve been injured by the delayed diagnosis of a clavicle fracture that was caused by medical negligence, then you could be entitled to make a claim. However, you would only be able to claim if the delay in diagnosis caused you harm. You may claim against the NHS or a private healthcare provider, depending on who was liable.
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Select A Section
- What Is A Delayed Clavicle Fracture Diagnosis?
- What Could Cause A Negligent Delayed Diagnosis?
- Who Could Claim Medical Negligence Compensation?
- Delayed Clavicle Fracture Diagnosis Compensation Amounts
- Contact Our Team Today
In this guide, we will look at the process of making a claim if a clavicle fracture was missed as a result of medical negligence. Medical negligence is where a healthcare professional breaches the duty of care that they owe their patients. The missed diagnosis of a fracture could be caused by negligence.
All medical professionals owe their patients a duty of care. This means that they need to provide care that reaches a minimum standard threshold. If the care administered falls below this standard, and you’re injured or your condition is made worse as a result, then you could be entitled to claim.
You may be wondering what the difference is between a delayed diagnosis and a misdiagnosis:
- Delayed diagnosis – The illness was not spotted promptly. This could allow it to get worse without treatment.
- Misdiagnosis – You’re told you have a condition when you’re actually suffering from something else.
There can be some overlap between these two. For instance, a misdiagnosis could result in a delayed diagnosis.
For more information on the differences in diagnosis and how this could impact your delayed clavicle fracture diagnosis claim. Get in touch with us today.
Fracture Diagnosis And Treatment
According to the NHS website, there are some defining symptoms of a fractured collarbone, which can include:
- Bruising to the skin (around the affected area)
- Numbness/pins and needles
- Bleeding – if the bone has pierced the skin or caused damage to the skin. This is called an open fracture.
You should always seek out medical attention if you believe that you have suffered a fracture. You might require surgery, in which pins and plates are inserted to hold the bones in position as they heal.
For more information on how a delayed clavicle fracture diagnosis could impact your health, read on. You can also speak with an advisor for more information on making a medical negligence claim.
Medical negligence could be the cause for your treatment to become delayed. If their breach of duty of care has caused you unnecessary harm, then you could be entitled to claim.
However, medical treatment can cause you harm even when a medical professional adheres to the duty of care that they owe you. For example, you might be allergic to a particular medication but you aren’t aware of this. Therefore, you are caused harm after taking the wrong medication but this is not caused by their negligence.
Furthermore, there may be instances where it’s necessary for the course of your treatment to harm you. For instance, you might need surgery to repair your fracture. As a result, you’re caused harm in the form of an incision and operation. However, this is not an example of negligence.
There are a number of ways that a medical professional could misdiagnose your condition:
- Failure to listen to your symptoms
- Your doctor fails to order follow up tests
- X-ray results are misinterpreted
- The X-ray targeted the wrong area
For more information on the causes of delayed clavicle fracture diagnosis, you can talk to one of our advisors today.
Statistics On Medical Negligence In The UK
In the previous year, it was recorded that there was a total of 12,629 clinical negligence claims received. There were 15,674 clinical and non-clinical claims settled, and there were 15,397 clinical and non-clinical claims that were closed.
Making a claim for medical negligence compensation after a delayed clavicle fracture diagnosis can be a daunting process. If you have suffered as a result of medical negligence that led to an undiagnosed fracture, you could be eligible to receive compensation.
You might be wondering about the steps that you can take to support your claim? These could include:
- Witness contact details of people who saw the negligence take place, so they can give a statement later
- Medical records to show the steps taken and treatment you were administered
It is important to note that there are time limits involved with making a medical negligence claims. You should generally start your claim within 3 years of the incident taking place. However, some exceptions do apply; speak with an advisor on our team for more information.
There are two different heads of claim that your delayed clavicle fracture diagnosis settlement could be made up of. General damages cover the physical and psychological injuries you may have suffered as a result of an accident.
A medical assessment would be needed to assess the severity of your injuries. This assessment can be used as an additional piece of evidence to support your claim.
The table we have created uses information from the Judicial College. They produce guidelines for compensation based on previously settled claims. These guidelines are used by legal professionals to help them value claims.
Instead of providing a medical negligence claim calculator, we’ve decided to include the table below. The figures come from the 16th edition of the Judicial College Guidelines, released in 2022.
|Types of Injury||Compensation Brackets||Description of Injuries|
|Back Injury: Severe (i)||£91,090 to £160,980||Damage to the spinal cord that leads to severe pain.|
|Back Injury: Minor (i)||£7,890 to £12,510||A full recovery without the need for surgery.|
|Neck Injury: Severe (i)||In the region of|
|Little to no movement in the neck despite wearing a collar for a period of years.|
|Severe Mental Harm||£54,830 to £115,730||Marked problems will be felt relating to education, work and future vulnerability.|
|Shoulder Injury: Severe||£19,200 to £48,030||Damage to the brachial plexus, with significant disability caused.|
|Shoulder Injury: Moderate||£7,890 to £12,770||Frozen shoulder that limits movements and where symptoms persist for around 24 months.|
|Shoulder Injury: Minor||£4,350 to £7,890 (i)||Symptoms of a soft tissue injury to the shoulder last for less than two years|
|Elbow Injury: Less Severe||£15,650 to £32,010||Where function is impaired but no major surgery needed and no ongoing disability of a significant nature.|
|Post-Traumatic Stress Disorder: Moderate||£8,180 to £23,150||A near-full recovery, with some continuing effects that are not grossly disabling.|
|Fracture of Clavicle||£5,150 to £12,240||This takes into account the extent of the injury.|
Special damages can compensate you for the financial losses you have suffered as a result of the injury. This includes both current and future losses. This could include:
- Medical expenses
- Care claims
- Loss of earnings
- Travel expenses
There would need to be evidence for this form of damages, this is to show that you have in fact incurred these losses. For example, you could keep the receipts and invoices that you receive. If the injury has long-lasting effects, your solicitors can take this into account when valuing your claim.
Get in touch with us today, our advisors are ready to help you with your claim. This is a free service and is available 24/7, so you can ask any questions you need to ask when you are making a claim.
There is another term that you may have seen as you researched your delayed clavicle fracture diagnosis claim. No Win No Fee agreements. This is an arrangement between you and solicitors and is used as a tool to aid in the legal proceedings. It allows people to make a claim for personal injury compensation without the additional worry of paying legal fees upfront.
The payment is dependent on the outcome of your claim, if it is unsuccessful then there would be no payment for the use of the solicitor’s services. The opposite occurs if your claim was a success. The payment for a successful claim is capped by law and is known as a success fee.
Get in touch with us today, our advisors are ready to help you with your dumper truck accident claims. This is a free service and is available 24/7, so you can ask any questions you need to ask when you are making a claim and they may also be able to confirm how long your claim could take.
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If you require any further information on delayed clavicle fracture diagnosis claims, you can get in touch with us today.