Missed Cuboid Fracture No Win No Fee Compensation Claims

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Missed Cuboid Fracture Claims Guide- How To Claim Compensation For A Misdiagnosed Cuboid Fracture?

Missed cuboid fracture compensation claims

Missed cuboid fracture compensation claims

If you have damaged your foot or ankle, you may go and seek advice from your doctor or from medical professionals at the hospital to get appropriate advice and treatment for such an injury. If you were to do so, and you suffer a missed cuboid fracture, this could impact your healing and recovery. While in some cases, despite the best efforts of medical staff, a fractured cuboid could be missed, however, if clinical negligence has led to medical staff missing your fracture, then you could be eligible to claim compensation for the avoidable harm that you have suffered from this type of medical negligence. This guide offers a wealth of information on cuboid fracture injuries, examines the reasons why these types of fractures could be missed, and explores what you could do if you have suffered harm because of private or NHS negligence. If anything in the sections below is unclear, we at Medical Negligence Assist would be happy to discuss your query with you. You can reach us on 0800 652 3087. However, we have provided lots of useful information in the sections below, so we would encourage you to read the guide before you call us.

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A Guide On Missed Cuboid Fracture Claims

A missed cuboid fracture could happen in several different ways.

  • You may have failed to seek treatment for an injury because you could have assumed you had not broken any bones when you injured yourself.
  • A medical professional may have taken all the right actions to try and diagnose your injury, but your tests/scans may have not pointed to a broken cuboid, as it may have been a hidden fracture.
  • A medical professional may have failed to order tests to check for such a fracture
  • A radiologist may not have taken the X-rays or scans at the right angle, or they may not have been clear
  • The results of your X-rays or scans may not have been analysed correctly

Some of the situations above may be acts of medical malpractice, while others may not be. This guide aims to explain what constitutes medical negligence when it comes to a missed cuboid fracture, and what action you could take if you’ve suffered avoidable harm because of a missed or misdiagnosed cuboid fracture. Also included is a table of potential compensation payouts for this type of injury, and details of how you could make a medical negligence claim for a missed fractured cuboid without having to pay for legal assistance upfront.

What Are Misdiagnosed Fractures?

A misdiagnosed cuboid fracture could be considered to be a failure of a medical professional to accurately diagnose such an injury. To constitute negligence, it would have to be proved that the medical professional should, based on the specific circumstances of the case, have been able to accurately diagnose and treat the injury, based on the presentation of the case.

It would be prudent for us to mention that a fracture could be misdiagnosed in cases where the medical professional did everything possible to accurately diagnose, you. Cases where the presentation of your injury meant it was not possible for your doctor to diagnose you accurately may not be deemed medical negligence. Proving negligence in such cases could be complex, which is why it could be beneficial to seek advice from a legal professional to help you with your claim.

Causes Of Fractures Being Undiagnosed

There could be many reasons why a medical professional may have missed your cuboid fracture. This could include cases where:

  • Inexperienced medics have not ordered X-rays
  • X-rays haven’t been requested because the symptoms and description of how the injury occurred were not concurrent with a fracture injury
  • Your fracture was not clearly visible on an X-ray
  • The angle the X-ray was taken at was not the most appropriate one, so the fracture was not seen
  • The report from the radiology department was not sent to the doctor

Some of these situations could be classed as negligence, whereas others might not be. If you would like an assessment of your case to see if you could be eligible to claim compensation yu can reach us on 0800 652 3087.

What Could Cause A Cuboid Fracture?

Before we go through what could cause a cuboid fracture, it would be prudent for us to explain what this type of injury is.

The cuboid is a bone in the foot, which is one of 7 tarsal bones. It is located on the outside of the foot and is, as you might have guessed, cube-shaped. The cuboid connects the ankle to the foot, also providing stability to your foot.

Breaking the cuboid bone could, therefore not only risk you not being able to use the foot properly, but also the ankle.

How Common Is A Cuboid Fracture?

Midfoot fractures could be considered quite rare, as, with foot fractures, it is usually the toes and the protruding part of the foot that is most exposed to damage.

Is A Cuboid Fracture Serious?

As with many fractures, this would depend on the severity of the break. Non displaced simple fractures would be deemed less serious than complex displaced or open fractures of the foot. An isolated cuboid bone fracture could also be considered less serious than if several other bones of the foot are also broken.

Causes of a cuboid fracture could include:

Trauma to the area – Such as blunt force trauma caused by a car accident, a fall, dropping a heavy object, being struck and more.

Stress – If stress is placed on the foot for a prolonged period, this could cause the bone to be weakened and it could eventually break.

What Are The Signs Or Symptoms Of Cuboid Fractures?

Symptoms of a cuboid fracture could include:

  • Inability to bear weight on the foot
  • Tenderness over the foot
  • Bruising over the bone
  • Pain

If you have injured your foot and feel you could have a cuboid fracture, then you should seek advice and treatment from a medical professional. Early diagnosis and appropriate cuboid fracture treatment could ensure you have the best prognosis possible for your injury.  With fractures, there is usually a window of opportunity for optimal treatment. If you suffer a missed fractured cuboid, this could delay treatment, leading to a poorer prognosis for recovery, or more invasive treatment being required. These could both be classed as avoidable harm if negligence has led to them. If this is the case with your missed cuboid fracture, you could be eligible to claim compensation.

Treatment, Management And Diagnosis Of Cuboid Fractures

The correct diagnosis of a cuboid fracture could be determined in most cases by way of physical examination and radiography. While in most cases, X-rays would suffice, it may be necessary for you to have other diagnostic imaging tests if the X-rays are not conclusive.

You may be asked to undergo a cuboid stress fracture test. A doctor may ask you to flex your foot and then point your toes as part of the physical examination. This could help them to diagnose you.

Once the correct diagnosis of your cuboid fracture had been determined, a plan for management of your cuboid fracture could be decided upon. Treating a cuboid fracture could, in minor cases involve wearing a cast or boot and using crutches to partially weight bear while the bone knitted back together. However, if you have a more complex cuboid fracture, you may require surgery, which could be appropriate if the shape of the bone has been destroyed. This could involve screws, pins and plates, or even a bone graft in some cases.

How Long Does It Take For A Broken Cuboid To Heal?

Cuboid bone fracture recovery time could vary, depending on the severity of the injury and the treatment required. Nondisplaced cuboid fracture healing time could be significantly shorter than that of a complex fracture that requires surgery and bone grafting. In minor cases, 4-6 weeks might be enough time for the bone to heal, whereas, with others, recovery time could be between 12 months. There could also be a risk of arthritis in some cases.

Clinical Negligence Claims – Are You Eligible To Claim?

There are two things that must be proved for you to be eligible to make a missed or misdiagnosed fractured cuboid claim. These are:

Breach of the duty of care – Medical professionals that undertake your care have a legal duty of care towards you. If they were to provide a negligent diagnosis or negligent cuboid fracture treatment, then this could be a breach of their duty.

Causation – You would also have to provide evidence that shows that the breach of duty caused you harm and that harm could have been avoided if negligence had not occurred.

You may also be restricted by a personal injury claims time limit for your claim. We have provided a section relating to this further down the line.

We should mention, that although it could be possible for you to make a medical malpractice claim alone, proving a breach of duty and causation could be quite complicated. Using the services of a medical negligence lawyer may take some of the stress off you when you are making a misdiagnosed cuboid fracture claim, as they would have the knowledge and capability needed to build a case on your behalf.

Claim If A GP Missed Your Cuboid Fracture

When you visit a GP, which you could do as a first port of call if you’ve suffered an injury, you could expect that if they are unable to diagnose or treat you effectively, they would refer you to someone who could.

If you are suffering symptoms of cuboid fracture from a fall, a car accident or any other incident, and your GP does not have the equipment to properly diagnose you, such as an X-ray machine, for example, they should then send you to somewhere that can.

If they fail to refer you, and you suffer avoidable harm from a missed fractured cuboid, this could mean you could be eligible to make a medical negligence claim.

Claim If A Hospital Missed Your Cuboid Fracture

There could be a number of reasons why a cuboid ankle fracture could have been missed at a hospital. Whether you were referred by your GP or you presented at A&E with symptoms of a cuboid fracture, you could expect to be able to get the appropriate advice and treatment for your injury.

However, sometimes, while fractures could be missed despite medical professionals doing their best to diagnose and treat you, if your care has been negligent and cuboid fracture symptoms have not been adequately investigated, or assessed, and you have suffered avoidable harm because this, it could lead you to claim compensation for the harm you’ve suffered and the financial consequences of the negligence.

The most common types of misdiagnoses made at an emergency department, which was studied over the course of 4 years for a British Medical Journal article, was missed fractures. These made up a huge 79.7% of misdiagnoses within the period of study. Common reasons for the missed or misdiagnoses were said to be the failure to order radiographic tests (13.4%), and the failure to read them accurately (77.8%). These could both be classed as incidents of negligence, and therefore if your missed cuboid fracture occurred because of such reasons, you could be eligible to claim compensation.

Rights When Receiving Treatment From The NHS

There are certain rights that you have when you receive treatment on the NHS. You have the right to safe, effective treatment, and the right to be treated by staff that are competent, experienced and properly trained. These form just some of the CQC’s Fundamental Standards. Your care should never fall below such standards.

When it comes to mistakes with your care, whether this is a missed foot fracture or anything else, you also have the right to make a complaint. You have the right to have that complaint acknowledged within three days, and your complaint should be managed properly. You also have a right to openness when it comes to mistakes with your care. You should have the situation explained to you including what has gone wrong and why, and you should receive an apology for mistakes that have been made.

Clinical Negligence Claim Limitation Period

You may be wondering whether your broken cuboid claim could be time-limited. While there is a personal injury claims time limit which would apply to your claim, which is usually three years, it would not necessarily begin from the date that you’d visited the medical professional. The date that your time limitation period would begin would be the date that you were made aware that the negligence you’d suffered had caused you avoidable harm.

It would be prudent for us to mention that there could be exceptions to this limit too. If you suffered a missed or misdiagnosed fracture of the cuboid as a child and no adult had claimed on your behalf, you could have three years from your 18th birthday to claim. You could also have an exception to the limit if you did not have the physical or mental capacity to claim at the time.

If you aren’t sure whether you could be eligible to make a missed fractured cuboid claim, our team could help. Simply call our advice line and we’ll talk you through the relevant time limit for your claim.

Missed Cuboid Fracture Compensation Claims Calculator

We realise that you may be wondering what level of compensation could be appropriate for missed cuboid fracture claims. We have chosen not to include a personal injury claims calculator on this page, instead offering information taken from the Judicial Guidelines for such injuries.

We should mention here that these are only approximate guidelines, and your claim would not have a value attached to it until such time as you had attended a medical appointment with an independent professional. They would be able to take your medical history, examine you and order tests if necessary, and provide a medical report that could be used to value your missed cuboid fracture claim.

InjuryGuideline Payout AmountNotes
Very severe foot injuries£78,800 to £102,890Permanent severe pain with very serious permanent disability. There may have been the risk of an amputation or part of the foot.
Severe foot injuries£39,390 to £65,710Both heels or feet may have been fractured. Or, there may have been substantial levels of injury to one foot. Considerable pain and suffering could be experienced.
Serious foot injuries£23,460 to £36,790Injuries less serious than the above but with pain (continuing), risk of arthritis, prolonged treatment and potential requirement for fusion surgery.
Moderate foot injuries£12,900 to £23,460Displaced fractures to metatarsals, injuries would result in deformity (permanent) and symptoms that were continuing, Osteoarthritis/future surgery could be a risk.
Modest foot injuriesUp to £12,900Involving dislocation, torn cartilage or meniscus which results in minor instability,

On top of the amounts shown in the table above, which are general damages for the suffering and pain you’ve experienced, you could also have financial costs associated with your missed fractured cuboid included in your claim. These are known as special damages and could include costs and losses including loss of earnings, travel and medical costs, and care costs, for example.

No Win No Fee Claims For Missed Cuboid Fractures

Claiming compensation could be complex, especially when it comes to cases of medical negligence. You would have to ensure that you could prove that avoidable harm was caused by the negligence you suffered. Using the services of a medical negligence lawyer may, therefore, be of benefit to you. A personal injury lawyer with experience of handling medical negligence claims could help build such a case for you, and could also advise you whether any offers of compensation for your missed cuboid fracture would be appropriate, or whether you could push for a higher amount of compensation.

You may be under the assumption that you would have to pay for the services of a personal injury solicitor upfront. However, with No Win No Fee claims this would not be the case. Making a personal injury claim in this manner means that you would pay the lawyer a success fee (a percentage of your total payout) should they be successful in gaining you a compensation payout for your missed fractured cuboid claim. If you have a valid claim yet your lawyer doesn’t get you any compensation, you would not have to pay the success fee. All this would be documented in a Conditional Fee Agreement that you would have to sign before your case was taken on. If you’re worried about how much of your compensation could be taken up in legal fees, then the news that no more than 25% of your payout would be set aside for legal fees may put your mind at rest. If you’d like to learn more about how No Win No Fee claims work, we’d be delighted to discuss this with you.

Begin A Missed Cuboid Fracture Claim

Are you now considering making a compensation claim for the avoidable harm you’ve suffered that was caused by a missed cuboid fracture? Or, were you looking for further advice on whether you would be eligible to make a claim? We’d be glad to help advise and support you either way. We could assess your case for free to provide you with actionable advice you can trust, and we could also connect you with a medical negligence solicitor if you should need one to begin your claim. You can reach us in a number of ways, via phone on 0800 652 3087, via our contact form, or by using the live chat on the site. We look forward to helping you.

References

Avulsion Foot Fracture –  Here, you can read some information concerning an avulsion fracture of the foot.

Midfoot Injury Information – Further information regarding midfoot fractures can be found here.

Advice After Foot Fracture – You can read information about recovery here.

Calculating Your Claim – If you’re wondering how claims could be calculated, this page could be of use.

GP Negligence– Here, you can read our guide on GP negligence claims.

Hospital Claims – This page covers negligence claims.

Written by Jo

Edited by LisM.