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

Missed forearm fracture compensation claims

Missed forearm fracture compensation claims

Fractures and broken bones are prevalent medical issues, and numerous incidents could cause a bone to become damaged. If we endure an injury of this nature, we expect the medical professionals that assist us, to provide effective and safe treatment that is both relevant and accurate to our injury. However, if a forearm fracture is misdiagnosed or improperly treated this not only prolongs the pain and suffering, but it could lead to additional health complications.

Within this online guide, it shall discuss how a misdiagnosed fracture of the forearm could be the fault of a medical professional. This online guide will also discuss how our distinguished panel of solicitors could assist those that have been affected by medical negligence. If at any point when reading this online guide, you have additional questions, why not contact a member of our team? Our phone lines are free to call, and our knowledgeable advisers can offer free legal advice of no obligation.

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A Guide To Claims For A Misdiagnosed Forearm Fracture

In the moments when we become injured or sick, we install our trust into medical professionals to help us get better. If the medical professionals treating your injury fail to uphold their duty of care, they could inflict damage or harm that could’ve been prevented. Within this online guide, it aims to discuss the obligation medical professionals have and how a misdiagnosed forearm fracture could cause additional implications. To successfully address negligently misdiagnosed fractured forearms claims, this online guide aims to discuss relevant information, such as:

  • Medical Negligence Claims
  • Medical Negligence Claims Time Limits
  • When To Begin A Claim For Compensation
  • Do Medical Professionals Have A Duty Of Care?
  • How Could Medical Negligence Assist Help Me?

If you have suffered from clinical negligence, please read through this online guide to the very end. The content within this article is informative, and by the end of the guide, it should have provided you with a base understanding of medical negligence claims. If you have additional questions after reading this online guide, why not contact a member of our team? Our experienced advisers are always available to take your call and answer any queries you might have.

What Is The Misdiagnosis Of A Forearm Fracture?

A fracture is a common type of injury, and there are multiple different types of fractures. From crosswise, lengthwise, hairline, to compound, fractures can range in size, scale and severity. A misdiagnosed fracture is when a fracture goes undiagnosed and is diagnosed as another injury by a medical professional, and as a result, this causes the injury to go untreated. Within the following sections, we shall discuss misdiagnosed forearm fractures in greater length.

Why May Breaks Or Fractures Be Misdiagnosed?

There are various reasons why a fracture could go undiagnosed. For example, a Scaphoid fracture has a reputation for being extremely difficult to diagnose. This is because the effects may not appear on an x-ray. To correctly diagnose an injury of this nature, it is standard practice for a doctor to arrange a follow-up appointment for additional x-rays. A misdiagnosis may be in connection with the medical professionals not referring for diagnostic testing or failing to interpret diagnostic testing correctly. If the medical professionals were to deviate from their duty of care, it could lead to a misdiagnosis of a fracture.

Common Causes Of Forearm Fractures

In some cases, a forearm fracture could be caused in a blameless and faultless incident. However, there are situations where a negligent third party could potentially be at fault. Regardless of the cause of the incident, an injury of this nature could ultimately cause several different types of fractures and breaks. Forearm fracture injuries are usually caused by blunt and unnatural force to the body.

Forearm Fracture Symptoms

If you have endured a broken or fractured bone, you should always seek the attention of a medical professional as soon as possible. According to the NHS, the symptoms of a broken or fractured arm often includes:

  • Severe pain and tenderness in the affected area
  • Bruising
  • Swelling
  • Limit movement
  • The wrist or arm being an odd shape
  • Bleeding
  • Numbness
  • Tingling

Unfortunately, if a bone fracture were to go untreated, it could lead to several serious health complications.

  • Avascular Necrosis – This is where insufficient blood supply to the bone is caused by damage to the blood vessels. If this is left untreated, it could result in the death of the bone and affect the surrounding joints.
  • Acute Compartment Syndrome – This is where bleeding and swelling occurs within an enclosed group of muscles. This would require immediate attention and could lead to permanent muscle damage or in severe cases, amputation.
  • Fat Embolism – This is where the bone’s fat particles are released into the bloodstream following a fracture. This could be life-threatening, as it could cut off the oxygen supply to vital organs.
  • Deep Vein Thrombosis (DVT) – This is where a blood clot forms in a deep vein of the body, which in return could cause significant damage.

How Is A Fractured Forearm Diagnosed And Treated?

A fractured forearm will be diagnosed by a medical professional. In many cases, those that have experienced a broken or fractured bone will have an X-ray, as this allows the professionals to evaluate the severity of the injury. The treatment provided will be reflective of the damage that has been caused. In minor cases, those that experience an acute forearm fracture:

  • Could be given a plaster cast or removable splint (in small cases, a cast if often fitted several days later).
  • Could be provided with medication to aid the pain.
  • Require to attend check-up appointment to ensure your arm is healing correctly.

The NHS states that the treatment for a severe forearm fracture will most likely differ when compared to a minor fracture or break. To heal a severe broken or fractured bone, the treatment might involve:

  • A doctor may have to realign the broken bones with their hands.
  • You may require surgery to help realign the bones (this often involves putting wires, plates, screws or rods into your arm).
  • A plaster cast will be provided before you go home.

Am I Entitled To Make A Misdiagnosed Fracture Claim?

Nobody expects to be preventable injured, especially in a medical setting. Unfortunately, there are situations where medical negligence could lead to prolonged health implications. If you have endured a fractured forearm that has gone undiagnosed, you could have grounds to claim compensation. To make a claim, you must have sustained a degree of preventable pain and suffering due to the negligence of a medical professional. As always, our team of advisers are always happy to take your call and answer any questions that you might have.

Missed Forearm Fracture Claims Against Doctors And GP’s

If you visit your GP about an injury, they should provide you with a specific standard of care and answer any questions that you might have. If a GP isn’t able to answer your questions, then they should refer to you someone for a second opinion (such as a specialist). The General Medical Council (GMC) highlights that doctors should:

  • Make the care of the patient the number one concern
  • Keep a high standard of professional knowledge
  • Recognise any limitations
  • Work with open communication and partnership

However, if you visit a GP in connection to a forearm fracture and they fail to refer you for diagnostic testing, this could lead to further complications, pain and suffering. If that is the case, this could be considered a breach in their duty of care.

Missed Forearm Fracture Claims Against Hospitals

If you sustain a bone fracture that goes untreated by A&E, it could cause you additional pain and health complications. If a doctor diagnosing you was negligent leading to you suffering avoidable harm, you could be entitled to claim compensation. If the doctor took all specific actions to come to a diagnosis and was not negligent in their care of you, you may not be entitled to claim compensation.

If you have suffered due to negligence, you could have grounds to make a claim for compensation.  For more information, please speak to a member of our team.

What Are The NHS Responsibilities To Patients?

The NHS was founded on and is defined by its obligation to the health and well-being of ‘’the people.’’ To ensure their patients are provided with a high standard of healthcare, the NHS pledges to:

  • Provide accessible healthcare
  • Make decisions in a clear, concise, and transparent way
  • Provide a professional standard of care
  • Respect consent and confidentiality
  • Provide nationally approved treatments, drugs, and programmes

The NHS aims to provide high-quality medical care to all of their patients’.

How Long Do I Have To Claim For A Misdiagnosed Injury?

To make a successful claim for compensation, you must begin your claim within the medical negligence claims time limit. The time limit comes into action from the moment of the negligent event, and you have three years to begin your claim. A failure to begin a personal injury/medical negligence claim within the time limit would hinder any prospect of receiving compensation. However, there are exceptional circumstances where the time limit could come into action at a later date. For example, if your forearm fracture goes unacknowledged and is diagnosed later down the line, the time limit would come into action when the preventable pain and suffering had been diagnosed.

It is always recommended that you speak with a legal professional regarding your potential claim, as they can discuss the time limit in greater length.

Compensation Calculator For Missed Forearm Fracture Claims

There are two categories of damages which could be evaluated and taken into consideration when making a medical negligence claim. These damages are referred to as General Damages and Special Damages, and in this section, it shall explore the difference between general and special damages in greater length.

General damages, awarded for physical injury – psychological trauma. To be awarded damages of this nature, a medical assessment will be required. A medical assessment will outline the severity of the damages and can be used as evidence throughout the claims process. We have provided a medical negligence claim calculator that outlines various types of injury and compensation amounts. The figures used within the table are based on the Judicial College Guidelines. It is worth highlighting that the figures within the table are for example purposes only. The compensation you could be entitled to may vary.

Injury The Severity of the Injury Awarded CompensationInjury Description
Hand InjurySevere (Both Hands)£132,040 to £189,110An injury of this nature would result in extensive damage to both hands, creating life-long implications. An injury of this nature would render both hands useless and the option of prosthesis would be limited.
Hand InjuryTotal Loss of One Hand£90,250 to £102,890Within this bracket, the effective individual would have one hand or all fingers amputated. The upper end of this bracket would be in connection to the dominant hand.
Forearm FractureForearm Fracture£6,190 to £18,020An injury of this nature would be expected to make a full recovery with no major complications, with moderate pain that will dissipate over time.
Forearm FractureLess Severe£18,020 to £36,770An injury of this nature would be expected to have a degree of disability. However, the affected individual would be expected to make a good recovery.
Forearm FractureSerious£36,770 to £56,180An injury of this nature would involve fractures on one or both forearms, causing residual disability, a lack of function, and pain.
Wrist InjuryMinor£3,310 to £4,450A wrist injury of this nature is often minimal, with signs of fractures and soft tissue damage. In many cases, an injury of this nature will recover within 12 months.
Wrist InjuryLess Severe£11,820 to £22,990An injury of this calibre is expected to have a degree of persisting pain, stiffness, and in some cases, permanent disability.
Wrist InjuryComplete loss of function. £44,690 to £56,180A severe wrist injury is often expected to have life-altering implications, as it would cause a complete loss of function.

In this section, we shall discuss Special Damages in greater length and provide some valuable examples. Special Damages are extremely different when compared to General Damages, as they could be awarded for financial loss. Located below, we have provided some examples to illustrate different types of financial loss that could be taken into consideration.

  • The Cost of Care – If an accident renders you unable to perform a daily task, you may require a third party to assist you. If that is the case, care expenses could be taken into consideration.
  • Transportation Costs – Special damages could take into consideration any travel expenses you’ve endured. For example, if you are unable to drive due to a misdiagnosed fracture of the forearm, you may have to use public transportation. If that is the case, then this cost could be taken into consideration.
  • The Loss of Potential Earnings – If you’ve experienced medical negligence, you might require time off from work to heal and recover. During your time away from work, you could lose out on potential earnings. If that is the case, this monetary loss could be factored into a claim for compensation.
  • Medical Expenses – A claim for compensation could consider any medical expenses you’ve personally funded. For example, if you personally funded treatment that wasn’t covered by the NHS or paid for prescriptions, these expenses could be taken into consideration.

No Win No Fee Missed Forearm Fracture Compensation Claims

If you chose to work with Medical Negligence Assist, a solicitor from our panel could handle your claim under a No Win No Fee agreement, which may also be referred to as a Conditional Fee Agreement (CFA). An arrangement of this nature is a mutual understanding between a solicitor and you as the claimant. If a solicitor takes on a claim of this nature and has a successful outcome, the claimant will be required to pay a success fee for the services that have been provided. This fee is capped at 25% by law. However, you and your solicitor will discuss the percentage ahead of time. In the event a solicitor fails to attain an awarded settlement after taking on a claim, a CFA reduces the threat to your finances, and you will not be required to pay your solicitors legal fees.

For more information, please speak to a member of our team.

Contact Our Team

To begin a claim with a solicitor from our panel, why not contact a member of our team? Our phone lines are free to call, and our advisers are available 24 hours a day, 7 days a week to take your call. Alternatively, you could enquire online, and a member of our team will contact you.

To speak with an adviser, the number to call is 0800 652 3087.

To enquire online, please click here.

Supporting Resources

We sincerely hope that this online guide has successfully discussed misdiagnosed fractured forearm claims in greater length. In addition to this guide, we have provided some reading materials that we believe could be of use.

Claim Against A GP
Could I Make A Claim Against A GP For A Medical Error?

Hospital Claims
Could I Have Grounds To Make A Claim Against A Hospital

The NHS
How To Know If You Have A Broken Bone

The General Medical Council
The Ethical Guidance For Doctors – Good Medical Practice

Written by Michael

Edited by Lis.