Missed Eye Socket Fracture Claims Guide

By Danielle Parsons. Last Updated 7th November 2023. 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.

eye socket fracture misdiagnosis compensation

Missed eye socket fracture compensation claims

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What Are The Criteria To Claim For A Missed Eye Socket Fracture?

When a medical professional treats you, they have to fulfil their duty of care towards you. This means that they must provide the correct standard of care. If you suffer avoidable harm due to a breach in this duty, you could be entitled to make a claim for a medical misdiagnosis.

However, you must satisfy the claiming criteria for medical negligence cases. You must have evidence that proves that:

  • A medical professional owed you a duty of care.
  • There was a breach in this duty.
  • You suffered harm that was avoidable as a result of this breach.

If you would like to discuss your missed eye socket fracture, get in touch with an advisor from our team. If you meet the eligibility criteria, you could be connected with one of our medical negligence solicitors.

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 causing 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.

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 TypeCommentsAmount
Total BlindnessComplete loss of sight in both eyes.In the region of £268,720
Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (i)The remaining eye is at serious risk of further deterioration that is beyond some risk of sympathetic ophthalmia.£95,990 to £179,770
Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (ii)The claimant suffers with reduced vision in their remaining eyes and/or additional problems. £63,950 to £105,990
Total loss of one eyeThe awarded amount will depend on the psychological and cosmetic effects.£54,830 to £65,710
Complete loss of sight in one eyeHigher end of the compensation bracket is applicable where there is scarring in the eye region.£49,270 to £54,830
Injuries Affecting SightIncomplete loss of vision in one eye without a serious risk of reduced vision in the remaining eye.£23,680 to £39,340
Injuries Affecting SightMinor but permanent impairment of vision in one or both eyes with potential double vision.£9,110 to £20,980
Fractures Of Cheekbones (i)Serious cheekbone fractures that will require surgery and result in lasting consequences.£10,200 to £15,780

The 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.

Claim With A No Win No Fee Lawyer

Throughout this guide, we have provided you with information on fractured eye socket symptoms and the compensation you could receive if your eye socket has been broken. To ensure that you receive the most compensation possible, you might consider working with a medical negligence solicitor.

Our panel of solicitors have years of experience handling various claims, and they could help you with your medical negligence claim for a broken eye socket. Additionally, they may offer you a specific type of No Win No Fee agreement, known as a Conditional Fee Agreement. A No Win No Fee agreement is a way of funding the work of a solicitor and has various benefits, such as:

  • Not having to pay any upfront or ongoing fees to your solicitor.
  • If the claim fails, you are not expected to pay your solicitor for their services.
  • You will pay your solicitor a success fee if they succeed with your claim. This taken from your compensation as a percentage which is limited by law.

Do not hesitate to contact our advisors today to see whether you may be eligible for compensation if you have suffered an eye socket fracture due to medical negligence. If our advisors believe that you could be eligible, they could connect you with our panel of solicitors.

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.

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.

More Misdiagnosis Claim Guides