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Missed Cheekbone Fracture Claims Guide – How To Claim Compensation For A Misdiagnosed Cheekbone Fracture?

Missed cheekbone fracture compensation claims

Missed cheekbone fracture compensation claims

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.

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A Guide To Claiming Compensation For A Missed Cheekbone Fracture

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.

What Is A Misdiagnosed Fracture?

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.

Why Are Bone Fractures Misdiagnosed?

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.

How Do Cheekbone Fractures Occur?

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
  • DIY
  • 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.

Symptoms Of A Cheekbone Fracture

We mentioned seeking medical advice right away if you suspect you have fractured a cheekbone, but how do you know if you have a broken cheekbone? What symptoms should you be looking out for?

If you break your cheekbone in most cases you would experience pain right away as well as some bruising and swelling. This could be true of many different facial fractures. Symptoms that may further point to a fractured cheekbone and eye socket could include;

  • Pain when you move your jaw
  • Issues with your eyesight
  • Sensation changes to the under-eye area of the side that is affected
  • Cheek flatness

Cheekbone Fracture Treatment And Diagnosis

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?

When it comes to surgical treatment for a cheekbone fracture, careful consideration would be given to the number of breaks and the position of the bones, as well as any symptoms you’re experiencing. If your doctor believes that surgery could help you, they would explain why this would be the case as well as talking you through the risks and benefits of the surgery.

When And How Could You Be Eligible To Claim For A Missed Fracture?

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.

Claims If A GP Misdiagnosed A Cheekbone Fracture

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.

Claims If A Hospital Misdiagnosed A Cheekbone Fracture

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.

NHS Patients’ Rights And Responsibilities

The rights that patients used to have regarding their treatment have strengthened in recent years. As a result of an overhaul by the government, patients now have stronger rights pertaining to:

Openness of care – If mistake has been made in a patient’s care, the patient now has a right to have these mistakes acknowledged, apologised for and explained fully so they could understand what has happened and why.

Complaints about treatment/care – Complaints regarding care should be acknowledged within three days. Patients also have stronger rights regarding the handling of their complaints.

As a patient, you also have a right to care that meets the fundamental CQC standards. These include:

  • A right to safe treatment
  • A right to be cared for by qualified, competent staff
  • And more…

If a breach of patients’ rights takes place, and the patient is harmed because of failing standards of care, this could constitute medical negligence, and the patient could have the right to launch a compensation claim for the harm that the negligence has caused them.

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.

Calculating Compensation For A Missed Cheekbone Fracture

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.

Injury TypeCompensation GuidelinesNotes
Frontal Facial Bones Fractures£22,350 to £34,480Le Fort Fractures
Facial Bone Fractures£13,970 to £22,470Multiple fractures, leading to some deformity that is permanent.
Nasal Complex or Nose Fractures£9,990 to £21,700Multiple or serious fractures that affect breathing/airways with deformity and/or tear duct/nerve damage.
Nasal Complex or Nose Fractures£3,710 to £4,790Recovery of displaced fracture after surgery.
Cheekbone Fracture – Serious£9,570 to £14,810Surgery would be required but consequences could be permanent, and could include paraesthesia in the cheek/s or lips. Some disfigurement.
Simple cheekbone fracture£4,080 to £6,060Requiring surgery but complete recovery. Minimal cosmetic damage.
Cheekbone fracture )simple)£2,180 to £2,810No surgery required. Full recovery achieved/achievable.

No Win No Fee Claims For A Missed Cheekbone Fracture

While you might assume you would have to pay upfront to begin a claim for a missed fracture of the cheekbone, if you claim on a No Win No Fee basis, this wouldn’t be the case. Instead, before your medical negligence lawyer takes on your claim, you would sign a Conditional Fee Agreement document. This document would set out the percentage of your payout that would be paid to the lawyer in the event that they successfully obtain a compensation payout for your missed or misdiagnosed cheekbone fracture. There is a cap of 25% on the amount a personal injury solicitor could take as a success fee from your payout, although some lawyers would take less than 25%. This would be something that would be agreed prior to the beginning of your case. If your lawyer doesn’t obtain a compensation payout for a valid missed cheekbone fracture claim, then the success fee wouldn’t be payable.

Talk To Our Team Today

Would you like more specific guidance on making a missed cheekbone fracture claim? Do you have questions about the personal injury time limit that could be applicable to your claim, or would you like some more information on finding a medical negligence solicitor to help you with a claim?  Whatever your situation, we are here to help and advise you. We could offer you a free assessment of your medical negligence claim to see if we believe you could be eligible for compensation. We could also answer any questions you may have or help connect you with a personal injury lawyer to help you with a claim. You can get in touch with us here at Medical Negligence Assist via phone, on 0800 652 3087, via the live chat, or through our contact form.

Supporting Reference Information

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.