By Cat Wayne. Last Updated 5th April 2023. If you have sustained an injury to the face that you have sought treatment for, you could assume your hospital doctor would be able to give you the appropriate treatment and advice to take care of injuries such as an eye socket fracture, an orbital fracture or some other type of maxillofacial injury. But, what happens if you suffer a missed cheekbone fracture, due to negligence by a hospital you have sought treatment at?
This guide aims to explain all you may need to know about such a situation, including whether you could claim compensation for a misdiagnosed fracture. Should anything in this guide cause you to raise further questions, or you’d like advice tailored to your specific situation, then you can always call Medical Negligence Assist on 0800 652 3087, but we would encourage you to read the sections below first, to see whether your query might already have been answered.
Choose A Section
- A Guide To Claiming Compensation For A Missed Cheekbone Fracture
- What Is A Misdiagnosed Fracture?
- Why Are Bone Fractures Misdiagnosed?
- How Do Cheekbone Fractures Occur?
- Broken Cheekbone Symptoms
- Cheekbone Fracture Treatment And Diagnosis
- When And How Could You Be Eligible To Claim For A Missed Fracture?
- Claims If A GP Misdiagnosed A Cheekbone Fracture
- Claims If A Hospital Misdiagnosed A Cheekbone Fracture
- Evidence To Support A Claim For A Broken Cheek Bone
- Time Limits To Claim For A Missed Fractured Cheekbone
- Calculating Compensation For A Missed Cheekbone Fracture
- Cheek Bone Fracture – No Win No Fee Misdiagnosis Solicitors
- Supporting Reference Information
Here at Medical Negligence Assist, we aim to provide advice and support to those that have experienced medical malpractice that has caused them harm. This guide specifically focuses on what actions could be taken if you have a misdiagnosed or missed cheekbone fracture that has caused you harm.
Every medical professional that cares for you has a legal duty of care to provide effective and safe care. If they fail to do so, and you could prove that their failure has caused you to suffer avoidable harm, then you may be able to claim compensation for a missed or misdiagnosed fracture of the cheekbone.
Below, we take you through some of the common questions relating to a missed cheekbone fracture. Information pertaining to symptoms of a cheekbone fracture is included, as well as what cheekbone fracture treatment might be appropriate for your injury. Also included are details of potential payouts for missed cheekbone fracture claims, and guidance on how to move forward with a claim should you be eligible to do so.
A misdiagnosed fracture could occur for a number of different reasons, but the end result could be the same – a cheekbone fracture that was not diagnosed when it could have been, and therefore the window for optimal treatment of such an injury may have been missed.
Some maxillofacial injuries could be considered complex, and therefore prompt and effective diagnosis and treatment could help to lessen the long-term effects of such an injury. If a fractured cheekbone moves out of position and does not heal effectively, you could be left with numbness in the area, as well as facial deformity, pain and other symptoms. Depending on the severity of the missed or misdiagnosed cheekbone fracture, this could cause quite significant harm, and could also have an effect on your mental health.
If you have suffered either private or NHS negligence with regards to a misdiagnosed facial fracture, you may be eligible to claim compensation for the avoidable harm you’ve suffered, both mentally and physically, as well as costs associated with the injury. If your looks play a large part in your work, for example, if you are a model and the missed fracture causes you to lose out on work, then the compensation award could take into account the earnings you may have lost out on because of your injury.
There could be a variety of reasons that bone fractures may be missed or misdiagnosed.
These could include:
Failure to order an X-ray – If you visit the GP with clear symptoms of a fractured cheekbone such as numb teeth, pain and swelling, then if they cannot accurately diagnose you themselves, they should refer you to someone who can, or send you for the appropriate tests to help them diagnose you. If they do not do so, you could suffer a missed fracture of the cheekbone.
Failure of radiology to take clear and appropriate images – If your X-ray is taken at the wrong angle, or is not clear, a doctor reviewing your X-rays could miss a fracture of the orbit, or other signs of a cheekbone fracture.
Failure to interpret an X-ray – A hairline fracture of the cheekbone may be spotted with careful scrutiny, but what if a doctor does not study the X-ray properly? If they fail to look at the X-ray properly, they could miss a fractured cheekbone.
Hospitals and GPs are under pressure to see and treat increasing numbers of patients. Such pressures could mean that proper care may not be taken with your diagnosis and/or treatment, but if it is not, and you suffer harm, you could consider claiming compensation.
A cheekbone fracture could occur due to a variety of reasons. Usually, it could be the result of some kind of blunt trauma to the face. This could be as the result of:
- A blow to the face in an assault
- A car accident
- A fall
- A workplace accident
- A sporting activity
- Or more…
If you have an accident and suffer symptoms of a cheekbone fracture, you would be wise to seek medical attention right away. There is usually a window of opportunity whereupon optimal results from fractures could be achieved, and if you seek diagnosis and treatment within this window, you would give yourself the best chance of recovery.
According to the NHS, there are several symptoms that can be associated with a broken cheekbone. This could include:
- Swelling, bruising or pain around the area
- A loss of feeling in the area, extending to the teeth and gums
- Double and/or blurred vision
- Red or bloodshot eyes
- Restricted eye movement
- An inability to move parts of your mouth
- Flattened cheekbone
If you are suffering from any of these symptoms and suspect that you are suffering from a fractured cheekbone, we would advise that you reach out to a medical professional. They can give you more advice on broken cheekbone symptoms or guidance on how to receive treatment for such an injury.
If you have received a medical assessment and confirmation of such an injury and could prove it was caused by negligence, please reach out to a member of our team to learn about how to start a claim and how much compensation you could be awarded.
In order to diagnose a cheekbone fracture, you should seek medical attention. The medical professional you see should ask you how you sustained your injury, as well as asking you to describe your symptoms. They may examine the area to see if they can spot signs of a broken cheekbone, and they should send you for an X-ray to confirm the diagnosis.
Can A Fractured Cheekbone Heal Itself?
Once you have the diagnosis confirmed, the doctor will advise on the best method of treatment. In some cases, where the cheekbone fracture is not displaced, no treatment other than painkillers may be appropriate. However, in some cases, more invasive treatments might be required, particularly if you have symptoms such as numbness in the face and the possibility of nerve damage.
Does A Fractured Cheekbone Require Surgery?
If you have sustained a fractured cheekbone, NHS sources tell us that there can be cases where no treatment is required in order for the injury to heal. However, each case will need to be individually assessed by a doctor. The medical professional will then advise you if you require surgery or not.
Reasons for surgery can be quite varied. One of those most common can be to rectify any cosmetic change to your appearance. For example, the face may be flattened due to a fractured cheekbone. Alternatively, it could be that you initially had a hairline fracture to the cheekbone of which you were unaware. Without treatment, this kind of injury may become worse and require surgery.
It’s important to bear in mind that we are not medical professionals. If you are concerned about a potential cheekbone injury, it’s always best to seek medical advice from an experienced professional.
If a medical professional has been negligent in your care, and you suffer harm from their negligence, then you could claim compensation for the physical, mental and financial harm you’ve suffered. The two things you would need to prove are a breach of duty and causation.
You would need to prove that there was a breach of the medical professionals’ duty of care towards you – breach of duty
You would need to prove that this breach of duty caused you to suffer harm – causation
Proving causation and breach of duty could be complicated, and getting help from a legal professional may help to make the process of claiming easier for you. A legal professional would have the capability to build a strong case for compensation on your behalf for your missed fracture, and they could also help fight for the maximum compensation possible for your claim.
Going to the GP would be a choice that some people could make if they have suffered a facial injury. It is the duty of the GP to diagnose their patients’ where it is possible for them to do so. However, if they cannot accurately diagnose a patient, then they should refer the patient for further tests or for a second opinion from another doctor, such as a specialist maxillofacial doctor. If you have described your symptoms and the cause of your injury to your GP and they fail to send you for further tests when it would have been appropriate for them to do so, you could suffer a missed cheekbone fracture, and if this causes you harm, you could hold your GP responsible for this.
There could be a variety of ways in which a cheekbone fracture could be missed in a hospital environment. According to a study in the British Medical Journal, missed fractures in the emergency department of a hospital were due to the misreading of radiographs (77.8%) and the failure to perform radiographic tests (13.4%).
However, the reasons a hospital may have misdiagnosed a fracture could be more complex than that. According to another study, this time in the BMC Emergency Medical Journal, the time of day you are seen may also play a part in whether your fracture is missed or not. According to a study of misdiagnosis cases in one emergency department which took into account 2 years’ worth of cases, more misdiagnoses took place between the hours of 8 pm to 2am.
In addition to this, the pressure that doctors and other medical staff are under could play a part in missed cheekbone fracture cases. According to the CQC, even committed staff struggle to work in difficult circumstances, particularly in the winter months, and this has led to some patients not receiving care that was satisfactory and in some cases unacceptable care.
Whatever the reason you have suffered a missed cheekbone fracture, if you believe medical negligence is to blame for the avoidable harm you’ve suffered, we could help offer guidance and support with your specific situation. Please do not hesitate to get in touch with Medical Negligence Assist for a free, no-obligation assessment of your situation. We can then offer advice tailored to your situation.
If you experienced a missed fracture, you might be eligible to claim compensation. However, you will need evidence to prove that a medical professional owed you a duty of care and when this was breached you suffered harm unnecessarily. For example, if your broken cheek bone was missed, this may have delayed treatment. This could result in facial deformity, along with problems with your sight, sinuses, and your facial nerves.
Examples of evidence that could be useful in a medical negligence claim include:
- X-rays. If the cheek bone fracture was first missed due to misinterpreting an x-ray, you could submit these.
- Medical records. Your medical records from when you first sought treatment could be submitted. They may include information about whether an X-ray was ordered. In addition to your medical records, you may be invited to an independent medical exam to determine the severity of your injury and what impact it is likely to hold.
- Photographs of the injury. As we stated above, a fractured cheekbone can produce visible symptoms, such as swelling and bruising.
- Symptom diary. Not every symptom of your fracture may be visible. You could document what affect it is having on your life, such as a loss of feeling making it difficult to eat.
If you need any help gathering evidence to support your case, call our advisors. The advice they give is free. They can also assess your potential claim and if it seems eligible, you could be connected to one of the No Win No Fee solicitors from our panel.
Time Limits To Claim For A Missed Fractured Cheekbone
Claiming compensation for clinical negligence with regards to a broken cheekbone or other facial fractures that have been missed or misdiagnosed does have some restrictions. One of these would be the personal injury claims time limit. In many cases, this limitation period is three years. However, the limitation period would begin on the date it was discovered that the medical negligence you’d suffered had caused you avoidable harm.
There are some exceptions to the time limit, however. If, for example, you had a missed cheekbone fracture as a child, and no adult made a missed fractured cheekbone child injury claim on your behalf, you could have 3 years from the date you turn 18 years old to make a medical malpractice claim. In addition to this, there could be exceptions in cases where the victim did not have the physical or mental capacity to make a claim. To find out more about these situations, and whether you could still make a personal injury claim, why not give our team a call.
If you were considering making a claim for a missed cheekbone fracture, you may be wondering how much compensation could be appropriate for your case. There are lots of factors that could be taken into consideration when calculating missed fractured cheekbone claims.
While you may have looked for a personal injury claims calculator to give you an estimate of how much compensation you could receive, it would only give you an approximation.
This is because you would be required to attend a medical appointment as part of your claim, where your medical condition would be assessed, and an independent medical report could be raised which could help to calculate your compensation.
Below, we have compiled some guideline payout amounts for injuries relative to a misdiagnosed or missed fracture of the cheekbone. These have been taken from the Judicial College Guidelines. It may be prudent for us to let you know, however, that in addition to the compensation for your injuries themselves, you could also claim compensation for costs and losses associated with your missed broken cheekbone. These may include earning losses, as well as care costs, medical expenses and travel expenses.
|Frontal Facial Bones Fractures
|£23,810 to £36,740
|Le Fort Fractures
|Facial Bone Fractures
|£14,900 to £23,950
|Multiple fractures, leading to some deformity that is permanent.
|Nasal Complex or Nose Fractures
|£10,640 to £23,130
|Multiple or serious fractures that affect breathing/airways with deformity and/or tear duct/nerve damage.
|Nasal Complex or Nose Fractures
|£3,950 to £5,100
|Recovery of displaced fracture after surgery.
|Cheekbone Fracture – Serious
|£10,200 to £15,780
|Surgery would be required but consequences could be permanent, and could include paraesthesia in the cheek/s or lips. Some disfigurement.
|Simple cheekbone fracture
|£4,350 to £6,460
|Requiring surgery but complete recovery. Minimal cosmetic damage.
|Cheekbone fracture )simple)
|£2,320 to £2,990
|No surgery required. Full recovery achieved/achievable.
If you would like to claim cheek bone fracture compensation, you could hire a No Win No Fee solicitor to support your claim. Their legal services could be provided under a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
A No Win No Fee solicitor typically will not charge you an upfront fee when they agree to help you claim fractured cheek bone compensation. They usually won’t ask you for ongoing legal fees either. If your cheekbone injury claim is successful, a legally capped success fee will be taken from your cheekbone fracture compensation. If your fractured cheek bone claim is not successful, your solicitor typically will not charge you for their services.
Call our advisors today about fractured cheek bone misdiagnosis claims. Should your cheekbone injury claim seem like it has a good chance of success, you could be passed to our panel of solicitors. To talk to our team today:
Fractured Cheekbone Information – Here, you can see a patient leaflet regarding cheekbones fractures.
Details From The NHS on Facial Fractures – This page shows more information on maxillofacial surgery for cheekbone fractures.
Treatment For Cheekbone Fracture – Here is further information regarding cheekbone fracture treatment.
Misdiagnosis Claims – Here, you can read more about situations that could lead to a misdiagnosis claim.
How To Claim For Hospital Negligence – This guide takes you through important information regarding hospital negligence claims.
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