If your delayed foot fracture diagnosis led to complications that caused you harm, you might be eligible to file a medical negligence claim. However, you can only do this if the delayed diagnosis happened because of a breach of duty of care. In this guide, learn if the harm you suffered from a delayed diagnosis is eligible for compensation.
We explore some of the symptoms you might experience if you fracture one or more of the bones in your feet. In addition, we look at treatment available for a broken foot. We also explore different severities of fractured bones in the feet and how this might affect the impact it has on you.
Healthcare professionals are expected to adhere to a minimum standard of care. They should act in a way that prevents patients from coming to unnecessary harm.
In this guide, we look at how they may fail to meet this minimum standard of care. If it is breached and you suffer harm as a result, you might be eligible to claim compensation.
Finally, in this guide, we look at No Win No Fee arrangements. You might be able to use one to fund legal representation for your medical negligence claim.
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- What Is A Delayed Foot Fracture Diagnosis?
- How Are Foot Fractures Diagnosed And Treated?
- Could An X-Ray Miss A Fracture?
- Check If You Are Eligible To Claim Damages
- How Much Could You Get For A Delayed Foot Fracture Diagnosis?
- Contact Us To Make A No Win No Fee Delayed Foot Fracture Diagnosis Claim
A delayed foot fracture diagnosis can result in delayed treatment. This can lead to further complications. If this happened because of negligence, you may be able to claim.
You cannot claim for a misdiagnosis that did not come about as the result of a breach of duty. For example, if you were not honest with your doctor about the symptoms you were experiencing then you may not be able to claim if they misdiagnosed you as a result.
Following a foot fracture, you might need to wear a special boot while walking. Your foot fracture might require surgery to insert pins and plates, which hold the bones in position as they heal.
Speak to our advisors about your delayed foot fracture diagnosis. If you have a valid claim, you could be connected with a lawyer from our panel.
Foot Fracture Symptoms
If you fracture one or more of the bones in your foot, you might experience some of the following symptoms:
- You also will find it difficult to put weight on that foot.
Some foot fractures require minimal medical intervention and will heal on their own. Others, however, are much more severe and may require surgery to insert pins, screws or metal plates.
Below, we’ve included some information on how different injuries are treated:
- Minor foot injuries. These could include stress fractures, soft tissue damage and toe fractures. These injuries may be diagnosed with an examination of the injured foot. You may also have an X-ray confirming the injury.
- Calcaneal (heel bone) fracture. A calcaneal fracture occurs when the heel bone is crushed against the talus (ankle bone). Some heel fractures may require surgery. To diagnose a fractured heel bone an exam and X-ray may be required. Additional scans may also be needed.
- Talus fracture. The talus is one of the main connecting bones between the leg and foot. A fracture can result in function and mobility impairments. If it fails to heal properly a limp, arthritis and chronic pain can result. The bone might be repaired with surgery, according to the NHS. Physiotherapy might then follow to maximise movement.
How Medical Negligence Could Cause Misdiagnosis
There are a number of ways that a fracture could be misdiagnosed as a result of negligence. For example, the appropriate diagnostic tests might not be ordered because your doctor fails to take your symptoms seriously when you tell them how you feel.
Furthermore, a doctor might misread the results of a test or scan as a result of negligence. Because of this, they miss the condition you’re suffering from.
Free legal advice about your delayed foot fracture diagnosis is available from our advisors.
If you present to A&E with the symptoms of a foot fracture, an X-Ray might be ordered. A delayed foot fracture diagnosis could still occur, however.
This may be because:
- Someone misreads the X-ray
- The X-ray is taken poorly, for example, from the wrong angle to see the bone in question
- The results of the X-ray are misplaced, meaning the diagnosis is delayed
If any of the above occurred as a result of negligence, you could be entitled to claim. Our advisors can help start your delayed foot fracture diagnosis claim today; simply get in touch.
In order to claim for your delayed foot fracture diagnosis, you must meet certain eligibility criteria. Evidence is required to claim medical negligence compensation.
You need to prove:
- You were owed a duty of care.
- A breach occurred.
- It was this breach that caused harm.
You must have experienced harm from your delayed foot fracture diagnosis. This could be an infection developing due to a missed fracture, or arthritis developing because your fracture was not treated promptly, for example. If the fracture was missed but did not have any impact on your health, then you would not be able to claim.
There are other considerations to bear in mind, such as the time limit that applies to starting this kind of claim. A member of our team can answer any questions you have. Speak with an advisor for more information on making a claim.
Two heads could form your compensation settlement in the event that your claim is successful. These are general damages and special damages.
You might be invited to attend an independent medical exam as part of the claims process. This is to get more knowledge about the impact your injuries or condition could have on your life.
Read on for more information on the kinds of damages that you could receive.
You are compensated for the physical injuries, plus any psychological harm, under general damages.
Legal professionals use the Judicial College Guidelines (JCG) to help assign value to injuries. Injuries are listed alongside their potential compensation brackets in this document.
The table below contains examples from the 16th edition, published in April 2022.
|Foot injuries (a)||£169,400 to £201,490||Both feet amputated with loss of ankle joint.|
|Foot injuries (b)||£83,960 to £109,650||One foot amputated with loss of ankle joint.|
|Very severe foot injuries (c)||£83,960 to £109,650||Permanent severe pain and disability from injuries.|
|Severe foot injuries (d)||£41,970 to £70,030||Substantial mobility restrictions and considerable permanent pain from both heels being fractured, or an unusually severe single foot injury.|
|Serious foot injuries (e)||£24,990 to £39,200||Traumatic arthritis or future risk of this, prolonged treatment and fusion surgery risk causing continuous pain.|
|Moderate foot injuries (f)||£13,740 to £24,990||Continuous symptoms and permanent deformity from displaced metatarsal fractures.|
|Toe injuries (a)||£36,520 to £56,080||All toes amputated.|
|Toe injuries (b)||In the region of £31,310||Big toe amputated.|
|Severe toe injuries (c)||£13,740 to £21,070||Significant continuing symptoms from toe injuries that may include amputation or partial amputation.|
|Moderately severe post traumatic stress disorder||£23,150 to £59,860||Symptoms result in significant disability lasting into the foreseeable future. However, some recovery is made due to professional help.|
Under this head of your claim, you could recover costs incurred as a result of your delayed foot fracture diagnosis. You must be able to prove your costs, such as presenting receipts or invoices.
You could recover costs related to additional medical expenses or required equipment rental that is not covered by the NHS, for example by providing receipts. Payslips could provide evidence of lost wages or loss of future earnings.
Our advisors can discuss what you could claim under special damages. Simply get in touch with them today for free legal advice.
The upfront solicitors fees associated with legal representation could be unaffordable despite the advantages of having a solicitor at your side when you claim. You can have legal representation without paying an upfront solicitors fee under a No Win No Fee arrangement.
No Win No Fee is also referred to as a Conditional Fee Agreement (CFA). A success fee is taken from settlements awarded in successful claims. This is known as a success fee and it is legally capped. If your claim is unsuccessful, however, you will not pay your solicitor for their services.
Our advisors can help you start your hospital negligence claim today. If it seems eligible your claim could be put to our panel of medical negligence solicitors.
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Writer Danielle Bibby
Publisher Fern Stiles