Delayed Scaphoid Fracture Diagnosis Compensation Claim

A delayed scaphoid fracture diagnosis could result in further injury or worsening of your condition. Healthcare professionals are expected to meet a minimum standard of care. When this standard of care is not met, you could experience harm.

Delayed scaphoid fracture diagnosis

Delayed scaphoid fracture diagnosis claim guide

In this guide, we explore how to make a medical negligence claim for harm caused by a missed fracture diagnosis resulting from negligence. We examine the symptoms you might experience if you fracture your scaphoid.

In addition, we look at what treatment you could expect to receive. We explore what symptoms could arise from a delay in your diagnosis and how this could impact your recovery overall. 

 We discuss what criteria need to be met in order for you to have a valid medical negligence claim. In addition, we look at what time limits apply to medical negligence claims.

You might find the services of a solicitor beneficial when filing your missed hand fracture claim. We explain what a No Win No Fee arrangement is and how it could help you fund the work of a lawyer.  

Our advisors can help start your claim today:

 Select A Section

  1. What Is A Delayed Scaphoid Fracture Diagnosis?
  2. Scaphoid Fracture Treatment And Diagnosis
  3. What Happens If A Fracture Diagnosis Is Delayed?
  4. Who Can Claim For A Delayed Scaphoid Fracture Diagnosis? 
  5. Delayed Scaphoid Fracture Diagnosis Damages Calculator
  6. Make A No Win No Fee Delayed Fracture Diagnosis Claim

What Is A Delayed Scaphoid Fracture Diagnosis?

If you experience a bone fracture of any sort, you should seek medical attention. Furthermore, you should expect healthcare providers to give you the correct standard of care.

However, you might experience a delayed or missed scaphoid fracture diagnosis if this duty of care is breached. A delayed bone fracture diagnosis could result in an infection, problems with your joints or issues moving and using that thumb and wrist. In some cases, you might feel the impact of this permanently. 

Sometimes, however, treatment might be delayed in a way that cannot be attributed to medical negligence. For instance, if neglected to tell the doctor about all of the symptoms you were experiencing then it would not be negligence if they failed to come to a correct diagnosis.

Furthermore, you can only claim if the delayed diagnosis caused by negligence resulted in harm. For example, you could be told that a bone was bruised and would need to be immobilised and rested. The bone was actually broken with a hairline fracture; however, the advice would have been the same even if the fracture had been correctly diagnosed. Therefore, the misdiagnosis has not caused you harm and you would not be able to claim.

Contact our advisors to discuss harm you experienced due to a delayed scaphoid fracture diagnosis. 

What Are The Symptoms Of A Scaphoid Fracture?

The scaphoid is a hand bone. It is found at the base of the thumb. According to the NHS, if you fracture your scaphoid, you might experience some pain near the base of the thumb. 

There may also be:

  • Swelling
  • Bruising
  • Tenderness

New Claims Statistics

NHS Resolutions monitors claim statistics filed against the NHS. 2020/21 saw 12,629 new claims. 

Including:

  • 1,256 in orthopaedic surgery
  • 835 in general surgery
  • 409 in radiology

Scaphoid Fracture Treatment And Diagnosis

When you first present with a hand fracture to any of the bones in your hand, your hand should be examined. The healthcare professional may also ask how the injury occurred to get a better understanding of what kind of injury you’ve sustained.

You might be sent for an X-ray. According to the NHS, however, a scaphoid fracture may not show up right away. 

If a fracture is suspected, it mey treated as if it is broken even if a break can’t be seen. This is because the break may not be visible on the initial X-ray.

Once the fracture is diagnosed, you might be given the following:

  • A cast to prevent the wrist and thumb from moving. 
  • Painkillers to reduce the pain and swelling. 
  • You might be advised to move your hand as much as the pain will allow for. 

Some types of scaphoid fractures may require surgery to help them heal or to put the bone into the correct position. Receiving a delayed diagnosis may increase the chances of requiring surgery, especially if the bone starts to heal in the wrong place. 

Free legal advice on making a claim for harm caused by a delayed scaphoid fracture diagnosis is available from our advisors 24 hours each day, 7 days per week. 

What Happens If A Fracture Diagnosis Is Delayed?

Follow-up scans or X-rays might be needed for a suspected scaphoid fracture. This is because the fracture might not show up on the first X-ray. However, you should expect to be treated as if the scaphoid is broken if you present with symptoms of a break. 

A delayed fracture diagnosis could cause: 

  • Infection
  • The bone fusing together in the wrong position
  • Prolonged periods of pain and discomfort
  • Needing further surgery resulting in addition scarring 
  • Impact on future mobility and dexterity

Our advisors can discuss the harm caused to you by your delayed scaphoid fracture diagnosis. If you have a valid case, you could be connected with a No Win No Fee solicitor from our panel. 

Who Can Claim For Delayed Scaphoid Fracture Diagnosis? 

If you decide to make a medical negligence claim for your delayed scaphoid fracture diagnosis, you must be able to prove the following:

  • You were owed a duty of care by a medical professional  
  • This was breached, and the care you received fell below an acceptable level. 
  • Direct harm resulted from this breach. This could be an injury or illness, or a worsening of the condition that you already have. 

Time Limits

Your claim should be started within the appropriate time limit, regardless of whether it is a hospital negligence claim or a claim against a GP. Some exceptions apply, however. 

For example, if you were under 18 at the time the delay in diagnosis occurred, you are not able to make a claim yourself while underage. A litigation friend can do this for you and no time limit applies when you’re underage. If no claim has been made once you turn 18, you have 3 years to pursue one on your own behalf.

Our advisors can help you begin your claim before the time limit expires. 

Delayed Scaphoid Fracture Diagnosis Damages Calculator

You might like to see a compensation calculator for your delayed scaphoid fracture diagnosis. However, in this section, we explore potential medical negligence compensation by giving a table of examples

Your claim can be made of two heads; general damages and special damages. We explore each in more detail below. 

To make a claim, you might be expected to attend an independent medical assessment. This is to help gain an understanding of the harm you suffered as a result of the diagnostic delay and what impact it may have on your life. 

General Damages

Under this head of your delayed scaphoid fracture diagnosis claim, you are compensated for the pain and suffering caused by your injury and any psychological damage you experienced as a result. 

To help assign value to your injuries, legal professionals use the Judicial College Guidelines (JCG). This is a document that provides injury listings alongside their potential compensation bracket. 

We’ve included examples of hand injuries from the 16th edition of the JCG, published in April 2022, in the table below. 

Injury Potential CompensationNotes
Hand injuries (a)£140,660 to £201,490Extensive damage resulting in total and effective loss of both hands.
Hand injuries (c)£96,160 to £109,650Crushing causing amputation through the palm of one hand.
Hand injuries (b)£55,820 to £84,570Function loss and cosmetic injury to both hands.
Hand injuries (r)£35,520 to £54,830Thumb loss.
Hand injuries (e)£29,000 to £61,910Reduction to 50 per cent hand capacity due to serious hand injuries.
Hand injuries (s)£19,600 to £35,010Thumb rendered useless from a very serious injury.
Hand injuries (g)£14,450 to £29,000Significant functional impairments from less serious hand injuries.
Hand injuries (t)£12,590 to £16,760Grip impairments and dexterity loss from serious injury.
Hand injuries (u)£9,670 to £12,590Nerve and tendon damage resulting in sensory and function impairment from moderate injuries.
Moderately severe post traumatic stress disorder (PTSD)£23,150 to £59,860Significant disability due to symptoms for the foreseeable future. However, there's a better prognosis and some recovery with professional help.

Special Damages

You might be able to recover costs incurred due to the harm caused by a delayed fracture diagnosis under special damages. Costs could include additional medical expenses. You could also recover your lost wages, or even loss of future earnings. 

To recover these costs, however, you must be able to supply evidence. For example, you could show receipts, payslips and invoices to demonstrate how much you have spent or lost. 

Talk to our advisors to discuss what you could recover under special damages and what proof you will need to supply. 

Make A No Win No Fee Delayed Fracture Diagnosis Claim

You might like to hire a solicitor to handle your medical negligence claim. Upfront and ongoing solicitors fees, however, might not be affordable to you. By using a No Win No Fee agreement, also known as a Conditional Fee Agreement, you can have legal representation to make the claiming process seem easier without the financial risk that this usually entails. 

You won’t pay an upfront solicitors fee when using a No Win No Fee solicitor. To pay for your solicitor’s services, a legally capped success fee will be taken from your award if you win your claim. If your claim is unsuccessful, however, you will not pay a success fee, and you won’t pay for the services of 

Our advisors can answer your questions about your delayed scaphoid fracture diagnosis. If your claim seems eligible you could be connected to our panel of medical negligence solicitors. 

To get in touch with us:

Clinical Negligence Resources

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If you have any more questions about claiming after a delayed scaphoid fracture diagnosis, speak with an advisor today. 

Writer Danielle Bibby

Publisher Fern Stiles