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

Missed eye socket fracture compensation claims

Missed eye socket fracture compensation claims

If you are involved in an accident and are injured, you may not always be aware of what your injuries are. You would, however, expect a medical professional to be able to diagnose what is wrong in order to then be given the proper treatment required. In the instance that you suffer an eye socket fracture, it is important to have it diagnosed so that the correct treatment can be applied before any healing takes place. Often with fractures, the bones need re-positioning or need support to keep them in place so that they can heal correctly and hopefully not cause any further problems and a full recovery can be made. If they are left untreated however and start to heal incorrectly, it can cause other problems that may be persistent.

If your eye injury has been examined by a medical professional and due to negligence it wasn’t correctly diagnosed as a fracture of the eye socket, you may be eligible to claim compensation. Making a claim, however, can be complex and so having a medical negligence solicitor handle your claim is advantageous in securing a compensation award. Medical Negligence Assist has an expert panel of medical negligence solicitors that can help you to get the compensation you deserve, just contact us on 0800 652 3087.

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A Guide To Missed Eye Socket Fracture Compensation Claims

If through medical negligence your eye socket fracture is missed leading to avoidable pain and suffering you may be eligible to make a claim for clinical negligence. Making a claim, however, can be a rather complex process with numerous legalities to understand, and so having some information at hand is helpful. This guide provides some useful information regarding making personal injury claims for medical negligence such as:

  • How might a broken eye socket be caused
  • How a misdiagnosed fracture of the eye socket might happen
  • How eye socket fractures are diagnosed
  • In what circumstances might you be eligible to make a medical negligence claim
  • What your NHS healthcare patient rights are
  • Personal injury claims time limit for NHS negligence
  • What the compensation award amount can include
  • How a no win no fee solicitor can be very beneficial when making a claim
  • How to start your claim

If you have further questions, don’t hesitate to contact Medical Negligence Assist for guidance.

What Is A Misdiagnosed Or Missed Fracture?

Medical professionals owe a duty of care to their patients and if they fail to provide the level of care expected of them, resulting in a patient coming to harm, there may be a reason to claim. It is the medical professional’s responsibility to recognise fractured eye socket symptoms and refer for further testing where necessary in order to make a correct diagnosis and therefore be able to treat appropriately, if they fail to do so it could result in further pain and suffering for the patient and possibly make the fracture harder to fix due to the damage a diagnosis delay has caused.

Causes of Fractures Being Misdiagnosed

There are a number of different reasons as to how a missed orbital fracture could occur, including:

  • The patient may be seen by an inexperienced junior doctor who fails to refer the patient for an x-ray
  • Failing to have an x-ray offered because of how the symptoms are showing
  • The results of the x-ray were misinterpreted
  • The x-ray was taken of the wrong area
  • The report from the x-ray was not passed on to the doctor
  • The fracture wasn’t spotted on the x-ray

Misdiagnosing or missing a fracture isn’t enough on its own to be a valid reason for making a compensation claim. A compensation claim will only be valid if there is negligence leading to a misdiagnosis and causes the patient further suffering. If the patient had a delayed diagnosis but the problem was rectified before any further harm occurred, then there would not be a reason to claim. As with any medical negligence claim, you need to be able to prove that negligence occurred.

Causes Of Orbital Fractures

The eye socket is basically a bony cup that essentially surrounds the eye to give protection. The bones of the rim of the socket are quite thick, whereas the floor of the socket and nasal side is paper-thin in a lot of places. A broken eye socket involves either a break to the floor, rim or both.

There are different types of orbital eye fractures, these include:

  • Orbital Floor Fracture – This is when an orbital rim fracture is stretched out into areas near the eye socket floor, meaning that the rim and the socket floor are both fractured.
  • Indirect Orbital Floor Fracture – Otherwise known as a ‘blowout’ fracture, these fractures are when the paper-thin area of the orbital floor ruptures or cracks whilst the bony part of the rim stays all intact. This can sometimes result in a small hole within the eye socket floor, potentially trapping parts of the muscles of the eye and structures surrounding them. Double vision may result as the eyeball will not be able to move properly in the eye socket. Usually, these are caused by a forceful blow by an object larger than the eye socket area such as a cricket bat or dashboard of a vehicle.
  • Orbital Rim Fracture – A direct impact to the face can cause orbital rim fractures such as when in a road traffic accident and the face collides with the steering wheel or dashboard with force. Damage caused by direct impact to the eye area may also be accompanied by other injuries to the actual eye itself as well. Orbital rim fractures are made up of two different types, one being frontal bone fracture or frontal sinus fracture which involves the upper eye rim edge, the other a zygomatic fracture which involves the edge on the lower side of the eye rim and cheekbone.

Accidents causing damage such as an eye socket fracture may include workplace accidents, road traffic accidents, DIY accidents or from a violent assault for example. If you had an accident sustaining a broken eye socket and a medical professional negligently misdiagnosed an orbital fracture resulting in further damage and more pain and suffering, you may be eligible to make a claim.

Symptoms Of A Fractured Eye Sockets

Fractured eye socket symptoms can include:

  • The eyelid becoming swollen
  • Suffering from double or reduced vision
  • Vomiting and nausea
  • Bruising, tearing, bleeding and / or pain around the eye
  • An eyelid that is droopy
  • Bulging or sunken eye
  • Not being able to move the eye in some directions
  • Numbness experienced on the side of the face that is injured
  • When opening the mouth, the patient may experience intense pain in their cheek
  • Flattened cheek
  • Blood in the white part of the eye

Diagnosing An Eye Socket Fracture

So, how do you know if your eye socket is broken? A medical professional should thoroughly examine the eye, check the patient’s vision and check the pressure of the eye. The optic nerve can be damaged if there is prolonged eye pressure, and it could result in blindness. X-rays and CT scans can be used to determine whether or not there is a fractured eye socket bone. An ophthalmologist, a medical professional that specialises in the eyes, is often involved in cases where there is damage to the motion or vision of the eye. A neurosurgeon or neurologist may need to be consulted if there is a fracture orbital roof.

When Could You Claim For A Misdiagnosis

You need to prove that there was a breach in duty of care towards you and that this breach resulted in further damage, pain and suffering, extended treatment times or more invasive treatment being required. If you have had a misdiagnosis which fortunately hasn’t resulted in any harm, then it is unlikely that you will be considered to have a legitimate claim. However, when you have had a negligent misdiagnosed eye socket fracture that has led to you needing more extensive orbital fracture treatment and also having your fractured eye socket recovery time prolonged and being left with possible long term side effects that may be permanent, then you may have a valid cause to make a medical negligence claim.

Claims When A GP Missed An Eye Socket Fracture

If your GP has made an error with a diagnosis causing you to come to harm, then it’s possible you may have grounds to make a claim for negligence. It may be that they have made negligent mistakes when examining your symptoms, making an error interpreting test results, or failing to refer you for further assessment such as an x-ray or CT scan for example. If their negligence results in a misdiagnosis or delayed diagnosis causing you further suffering, then they could be deemed negligent in their duty of care and regarded as responsible for the further pain and suffering you may have experienced as a result.

A misdiagnosis can be when an injury is misdiagnosed as something else or missed entirely or could mean that the diagnosis was delayed due to negligent errors.

Claims When A Hospital Missed An Eye Socket Fracture

If you have visited a hospital due to an injury to the eye and they fail to diagnose an eye socket fracture because of medical negligence resulting in further pain and suffering, you may be eligible to make a claim for compensation. The repercussions of having a missed fracture of the eye socket may include:

  • Permanent problems moving the eye
  • Continuing problems with vision
  • Possible blindness
  • Pain
  • More extensive or invasive treatment being required

If a misdiagnosis or delay in diagnosis occurs due to the negligent actions of the medical professionals in a hospital causing you to suffer further you may be able to make a claim regardless of whether you were seen at an NHS or private hospital.

NHS Healthcare Patient Rights

Under the NHS, all patients have a number of rights regarding the healthcare and treatment they receive. The CQC, Care Quality Commission, serves to check that all hospitals, doctor’s surgeries, dental practices, or any other primary healthcare providers to make sure that they are meeting the minimum service standards expected set by the government of the UK.

In the UK everyone has a right to register with a GP in their own catchment area. You can choose which GP you want to register with. Patients have a right to treatment at their registered surgery, however, they do not have an automatic right to see their own GP. You can find more information about NHS patient’s rights here.

Medical Negligence Claim Time Limits

If you make a personal injury claim, you need to be aware that personal injury claim time limits apply and so you must make sure that you have initiated your claim before this time ends. For the majority of claims, the limit is three years but sometimes this can vary.

Accidental InjuryAn accidental injury may include any injury caused by an accident that wasn’t your fault such as a road traffic accident, slip, trip or fall, food poisoning or workplace accident for example.3 Years
Progressive InjuryA progressive injury is any injury or illness that was caused by someone else’s negligence and has progressively become apparent over time, such as lung disease, deafness or even some cancers for example. 3 Years - *The time limit will start from the date the injury was first discovered or diagnosed even if some time after initial exposure

If you are unsure as to whether you are in the time limit to make a medical negligence claim, you can contact Medical Negligence Assist and they will be able to give you more clarity.

Missed Eye Socket Fracture Compensation Calculator

Compensation claim award amounts are calculated by taking a number of items into account, these include:

General Damages

  • These are for the injury itself, the type of injury, how severe it is, the level of suffering experienced by the claimant, the type of treatment it requires, recovery time and any long term or permanent effects.

Special Damages

  • Medical Expenses – If you have incurred any expenses related to medical assessment, treatment or medication because of your injury, these costs can be included in the claim.
  • Travel Expenses – As above, if you have incurred any expenses related to travel due to your injury, these costs can be included in the claim.
  • Lost Income – If you have had to take time off of work, any income lost, or future income to be lost because of your injury, these will be taken into account when calculating the claim award.
  • Care Claim – Any care costs incurred because of your injury should be included also.

With this in mind, it’s reasonable to say that each and every compensation claim is different and unique to the claimant’s individual circumstances and so we cannot give you an accurate figure as to how much you may receive in compensation if your claim is successful. But, we can show the amounts that are set for certain injuries in accordance with the most recent Judicial College Guidelines, please refer to the table below:

Injury TypeCompensation Award AmountComments
Loss of sight in one eye, reduced vision in remaining eye£90,100 to £168,730The higher end of the bracket is for when there is serious risk of further deterioration.
Total loss of one eye£51,460 to £61,690The awarded amount will depend on the psychological and cosmetic effects.
Complete loss of sight in one eye£8,550 - £51,460The higher end for total loss of sight in one eye, the lower end for slight sight but vision is greatly reduced or is blurred or double vision.
Minor eye injuries£3,710 - £8,200Injuries involving strikes to the eye with temporary vision problems
Transient eye injuries£2,070 - £3,710In these cases the injured person will have recovered completely within a few weeks

This amounts in the table are purely for the injury itself and do not include any of the financial damages it may have caused. Please speak to Medical Negligence Assist if you have further questions regarding this matter.

No Win No Fee Missed Eye Socket Fracture Claims

Claiming for medical negligence can be a stressful and complex process especially if you do not have any experience in making claims, and so having an experienced personal negligence lawyer is a great advantage. However, very often legal fees can be expensive and so lots of people may be put off from making a claim for the compensation they are entitled to, but if you were to use a no win no fee solicitor, it makes having legal help affordable. A no win no fee policy means that the personal injury lawyer you use will not charge any legal fees before or during the claiming process, if they win your case for you then they will take a small percentage, no more than 25%, of the settlement amount awarded to you, if they do not win your case for you however, they will not charge you their fees at all.

Start Your Missed Eye Socket Fracture Claim

If you would like to start a claim for your missed eye socket fracture, call Medical Negligence Assist on 0800 652 3087 and we can help you to get the compensation you deserve. Our panel of personal injury solicitors have years of experience and have successfully managed many medical negligence claims, often winning clients the maximum amount of compensation for their injury. They are reliable and honest and work with care and dedication to get the best outcome they can for clients keeping them informed every step of the way.

When you contact us we will first offer a free consultation session where we can gather from you the facts surrounding your case and decide if you have a legally valid claim. We are also able to answer any of your questions regarding making a claim as well.

Suggested Reading

Making A Claim Against A Hospital – This related guide on making a compensation claim against a hospital will also prove useful.

Medical Misdiagnosis Claims Advice – This guide explains what medical misdiagnosis is and what you can do if you have suffered because of a misdiagnosis.

NHS Information Regarding Orbital Fractures – If you have an orbital fracture, you will find this information from the NHS helpful.

NHS Information Regarding Cheekbone Fractures – Information for anyone with a possible missed cheekbone fracture.

Written by Kelly

Edited by LisM.