The clavicle also referred to as the collarbone, plays a vital role within the shoulders and chest, as it connects the shoulder blade to the sternum. If you sustain a clavicle injury, it is crucial to seek medical attention so the right treatment and pain medication can be provided. If a broken or fractured clavicle were to be misdiagnosed due to the negligence of a medical professional, it could lead to health-related implications, such as limited mobility, incorrect healing, pain, and discomfort.
If you have experienced a misdiagnosed clavicle fracture that has caused you avoidable harm, then you could have grounds to make a personal injury claim. Throughout this online guide, it shall discuss how a third party’s’ negligence could lead to a clavicle fracture, and how a missed clavicle fracture could lead to severe implications later in life. If when reading this guide you have additional questions about the claims process, why not contact a member of our team? Our knowledgeable advisers are more than happy to speak with you, and they are available 24 hours a day, 7 days week.
Choose A Section
- A Guide To Missed Clavicle Fracture Injury Claims
- What Do We Mean By A Misdiagnosed Fracture?
- Why Do Fractures Go Undiagnosed?
- Common Causes Of Fractured Clavicle Bone Injuries
- Clavicle Fracture Symptoms
- Treatment Options For A Fractured Clavicle
- Could I Claim Compensation For An Undiagnosed Fracture?
- Could I Claim If My GP Missed A Clavicle Fracture?
- Could I Claim If A Hospital Missed A Clavicle Fracture?
- Patients Rights Under The NHS Constitution
- Time Limits To Claim Compensation For An Undiagnosed Fracture
- How Missed Clavicle Fracture Compensation Is Calculated
- No Win No Fee Missed Clavicle Fracture Compensation Claims
- Speak To Medical Negligence Assist Today
- References To Support This Guide
Due to their knowledge and commendable expertise, we instil a significant amount of trust in medical professionals when we become injured or sick. When visiting a medical professional with regards to a health concern, it is understandable to expect a high quality of care. After all, medical professionals are held to a high code of ethics which they must maintain at all times. But unfortunately, if a third party that owes us a duty of care breach their obligation this could lead to a plethora of avoidable damages.
Within this online guide, it shall provide those that are seeking legal support with useful information regarding the claims process. This guide shall also outline how a third party could neglect their duty of care and how this breach could lead to a misdiagnosed fracture of the clavicle. This guide will successfully answer these questions:
- What is a personal injury claim?
- What is a fractured clavicle?
- How could a misdiagnosed injury cause me harm?
- How long does it take for a clavicle fracture to heal?
- What happens if the collarbone doesn’t heal?
- Can you have a broken collarbone and not know it?
- What is a No Win No Fee agreement?
- How could Medical Negligence Assist help me throughout the claims process?
Once you have read this online guide, you might have additional questions. If that is the case, why not contact a member of our team? Our experienced advisers are incredibly knowledgeable and can offer free legal advice. So if you have been affected by the negligence of a medical professional, why not give Medical Negligence Assist a call and begin your claim today.
This online guide will be discussing misdiagnosed fractures and how they could cause life-altering health implications. However, you might be questioning what is meant by a misdiagnosed fracture, and what damage it could cause? A fractured or broken bone is a very common injury that is often caused by falling over. When visiting a medical professional with regards to a fracture concern, it is more than understandable to expect your injury to be treated both effectively and accurately. Unfortunately, there are circumstances when a medical professional could misdiagnose an injury or illness, which could lead to a plethora of complications.
A misdiagnosis may happen due to a number of reasons, but healthcare providers have a duty of care to correctly diagnose their patients to the best of their ability. However, if a medical professional were to ignore the symptoms of your injury /illness, supply you with the wrong medication, or fail to gain a second opinion when they are unsure, this could be considered a breach in their duty of care.
The symptoms of a clavicle fracture could range from something of a minor nature to something that is more severe. As a result, there is a number of different factors that could lead to a misdiagnosed clavicle fracture. In this section, you will find a list of factors that could contribute to a misdiagnosis, such as:
- Inexperienced professional fails to offer an x-ray.
- A failure to identify the fracture on the X-ray.
- Taking an X-ray of the wrong area.
- X-ray results are misinterpreted.
- The X-ray report was not passed on to the doctor to be examined.
To successfully make a claim for a misdiagnosed clavicle fracture, you must be able to prove that the medical professional that treated you acted in a negligent way. If a medical professional were to misdiagnose your injury, it could lead to a delay in treatment. This could cause further pain, suffering, and complications that could have been avoided.
There are two common causes that could contribute to a fractured clavicle related injury, which is falling or physical impact. If someone were to experience blunt force trauma to their chest or shoulder, it could lead or a fractured clavicle. An injury of this nature may also be caused by a slip, trip, or fall. Common factors of a slip and trip often include:
- Wet Flooring
- Inadequate Lighting
- Falling From Height
- Uneven Flooring
In the event you become injured due to the negligence of another, you might question if there are steps you could take that would support your potential claim? Citizen’s advice has provided some measures, which includes:
- Take pictures of the cause of the accident.
- Collect the contact details of those who witnessed the incident.
- Seek medical attention.
The NHS has outlined the symptoms of a fractured clavicle, which includes:
- Bruising to the skin (primarily around the affected area)
- Bleeding (if the bone has caused damage to the skin)
- Numbness/ Pins and Needles
In some cases, a fractured clavicle could cause the shoulder to become slumped. This is because the collarbone is no longer providing support to the shoulder, causing the area to collapse. In some scenarios, those that experience a broken bone may hear a snapping or grinding noise, and in severe cases, the bone may poke through the skin.
Most collarbones injuries within adults often heal in 6 to 8 weeks, and in children, a casualty of this nature would take 3 to 6 weeks to fully recover. In the event you experience a broken or fractured clavicle, you might question if there are steps you could follow? The NHS claims that in the event you experience a broken bone, you should seek medical attention immediately. In the meantime, you could:
- Hold a pack of ice to the injured area – this can reduce swelling.
- If feeling faint, lay down.
- Immobilize the injured area – stop it from moving the best you can
- Apply pressure to the wound to stop the bleeding – this should be done with a sterile bandage or clean cloth.
If a medical professional were to neglectfully misdiagnose or mistreat a patient, it could lead to additional complications that could have been avoided. If you are reading this online guide, you might question whether or not you could be eligible for compensation? To receive payment for a misdiagnosed fracture, you must have sustained avoidable injuries or harm due to the negligence of a medical professional. For example, if you have suffered preventable complications due to a delay in treatment, you could be eligible to make a claim for compensation. However, if you were wrongfully diagnosed, but the error was quickly acknowledged and corrected, you most likely would not have valid grounds to make a claim.
When visiting a medical professional regarding a health concern, it is exceptionally reasonable to expect a minimum standard of care. After all, we instil a significant amount of trust into medical professionals, as their knowledge can help us when we are injured or sick. If a patient were to visit a GP with regards to a health concern, it’s within the GP’s duty of care to:
- Respect the patient’s concerns
- Make the health of the patient the primary goal
- Have a good range of knowledge and skills
- Take prompt action when required
- Promote and protect the health and well-being of patients
If a GP isn’t able to successfully diagnose the patients’ health concern, it is within their duty of care to refer the patient for a second opinion. In most cases, the GP should recommend the patient to a specialist, as they would be able to provide an accurate evaluation. If a GP were to neglect this crucial obligation and fail to get a second opinion (when needed), it could make them liable if a patient were to become increasingly more ill /injured.
Hospitals are hectic places and a lot of the medical staff are under pressure to provide outstanding healthcare to all of their patients. This is especially prevalent in the Accident & Emergency (A&E) department. Despite the busy atmosphere of A&E, all patients are entitled to an acceptable standard of healthcare. However, if the healthcare you received within A&E caused your injury or illness to deteriorate, it could cause additional health complications that could’ve been prevented. If that is the case, then please speak to a member of our team, as you may have grounds to make a personal injury claim.
As a healthcare provider, the NHS has a distinct set of principles which it follows to provide a high quality of care. These principles are outlined within their constitution, which states that the NHS will:
- Provide free and accessible healthcare to those that need it
- Provide a professional standard of care
- Make decisions that are clear, concise, and transparent
- Respect confidentiality
- Supply treatments, medicine, and programmes that have been nationally approved
If you are considering a personal injury claim with a solicitor from our panel, you should be aware of the personal injury claims time limit, as it could affect your ability to make a claim. The time limit comes into action from the moment you are injured, meaning you have 3 years to begin your claim for compensation. However, it must be highlighted that there are circumstances where the time limit could come into action at a later date. For example, the time limit could begin once you are aware of the avoidable harm you have suffered. If you are unsure whether your potential case meets the personal injury claims time limit, please contact us at Medical Negligence Assist, as a member of our team will be able to assist you.
Those affected by negligence might question how much compensation they could be entitled to? Within this section, it shall provide those seeking compensation with a personal injury claims calculator, and outline the difference between General and Special Damages.
Those that have been affected by negligence could be awarded damages for the financial loss, physical injury, and psychological trauma they’ve endured. These damages are split into two categories which are referred to as General and Special Damages. General Damages could be awarded to those that experience a degree of physical injury or psychological trauma after a negligent event. To outline the different quantities of General Damages that could be granted, we have provided a claims calculator. The figures within the table are based on the Judicial College Guidelines. However, it is worth remembering that the figures within the table are for example purposes only, and the compensation you could be awarded may differ.
|Injury||The Severity of the Injury||Awarded Compensation||Injury Description|
|Shoulder Injury||Minor||£4,080 to £7,410||An injury of this nature would involve soft tissue injury to the shoulder with a considerable amount of pain. The affected individual would be expected to make a full recovery in less than two years’ time.|
|Shoulder Injury||Moderate||£7,410 to £11,980||An injury of this nature would cause the shoulder to freeze, causing a degree of discomfort and affecting the mobility of the shoulder.|
|Shoulder Injury||Moderately Severe||£11,980 to £18,020||An injury of this severity would involve a dislocation of the shoulder and damage to the lower part of the brachial plexus. This would cause pain in the shoulder and neck, aching in the elbow, and a degree of sensory impairment.|
|Shoulder Injury||Severe||£18,020 to £45,070||Severe shoulder injuries are often expected to cause life altering damage to the brachial plexus, causing disability. There will also be serious pain and discomfort, and the affected individual will have life-long health implications.|
|Back Injury||Minor||£7,410 to £11,730||In this bracket, a back injury would be expected to cause soft tissue injuries or fractures. In most cases, a degree of pain is expected but a full recovery would be made within two to five years.|
|Back Injury||Severe||£85,470 to £151,070||A severe back injury is a life altering event which will cause a significant amount of pain and discomfort. The affected individual would be left with lifelong disability, with a combination of incomplete paralysis, significantly impaired bladder, bowels, and sexual function.|
|Mental Anguish||Severe||£4,380||This bracket could be awarded to those that have a strong fear of a shortened life expectancy, or, the fear of dying.|
In this section, we shall explore Special Damages in greater detail, outlining what is meant by Special damages and what they could be awarded for. Special Damages could be awarded to those that experienced a degree of financial loss after an accident, and to illustrate the different types of financial loss that could occur, we have provided a list.
Medical Cost – In the event of injury or illness, most people will receive free health care through the NHS. However, if you have to personally fund any medical expenses after an accident, then the cost of medical expenditures could be factored into the claim.
The Loss of Future Income – After an accident, you might require time off from work to heal. If your employer doesn’t provide a sick pay scheme, then you could lose out on regular income. If that is the case, then you could be awarded special damages for the loss of potential income.
The Cost of Aftercare – If an accident renders you unable to perform daily tasks, you might require the assistance of another. If that is the case, then the cost of care could be taken into consideration.
A solicitor from our panel could offer to handle a medical negligence claim under a No Win No Fee basis. A financial arrangement of this nature serves as a mutual contract between the solicitor and the claimant. An agreement of this nature eliminates any upfront fees. In the event a solicitor takes on a claim and has a successful outcome, the claimant will be required to pay a fee for the services that have been provided. The fee would be capped at 25%, and this percentage can be discussed with a solicitor ahead of time.
If you have any questions regarding No Win No Fee agreements and how our panel of solicitors could assist you, please contact a member of our team.
When you are ready to speak about your potential claim, why not contact Medical Negligence Assist? Our experienced team of advisers are incredibly knowledgeable, and they can offer free legal advice (of no obligation). Our phone lines are free to call, and they are available 24 hours a day, 7 days a week. Alternatively, you could enquire online through our form. Once submitted, our team will review your enquiry and will contact you.
To speak to an adviser, please call us on 0800 652 3087.
To enquire online, please click here.
We sincerely hope that this online guide has provided you with useful information regarding personal injury claims. In connection with this guide, we have provided some additional materials that we believe could be of use. You can find these materials below.
Missed Elbow Fracture
Could I Have Grounds To Make A Claim For A Misdiagnosed Elbow Fracture?
Missed Radius Fracture
Could I Make A Claim For A Missed Radius Fracture?
Misdiagnosed Ankle Fracture
What Causes An Ankle Fracture To Go Misdiagnosed?
Written by Michael
Edited by LisM.