Bone fractures can range from the common to the uncommon. They may also range from the uncomplicated to the complicated. If a broken or fractured bone is diagnosed and treated correctly they may heal within a matter of weeks. However, in the event of a delayed diagnosis you may be left with additional injuries and facing a longer period of recovery. In such instances, you may be eligible to make a missed fracture compensation claim.
In this guide we look at what a misdiagnosis negligence claim is and how bone fractures could be missed. We also look at how to make a missed fracture claim and the time limit to do so. Our guide then looks at how a medical negligence settlement may be calculated, before we look at claiming on a No Win No Fee basis.
To claim compensation for a missed fracture, please contact our team. In addition to providing a free consultation, they can discuss the medical negligence claims process with you.
- Talk to an advisor using the live chat below.
- Start a claim online using our claims form.
- Call us now on 0800 652 3087.
Jump To A Section
- What Is A Missed Fracture Compensation Claim?
- How Could A Bone Fracture Be Missed?
- How Do I Claim Missed Fracture Compensation?
- What Is The Time Limit For An Undiagnosed Fracture Claim?
- How Much Missed Fracture Compensation Could I Receive?
- Claim For A Missed Fracture Using A No Win No Fee Solicitor
- Read More About Medical Negligence Claims
What Is A Missed Fracture Compensation Claim?
When you visit a medical professional for treatment, be it a GP, hospital A&E department or call for paramedics, the medical professional owes you a duty of care. This means that healthcare professionals need to provide you with the minimum expected standard of care while treating you. The failure to correctly diagnose a fracture may be a breach of their duty of care.
If you would like to seek compensation, it is vital that you meet the medical negligence claims eligibility criteria. So, in order to claim compensation for a missed fracture, you must show that:
- The medical professional owed you a duty of care.
- They breached their duty of care. For example, they missed your fracture by misinterpreting an X-ray despite the obvious broken bone.
- You suffered avoidable harm as a result of this. For example, your broken bone healed in the wrong manner and had to be re-broken and set as a result of the missed fracture.
To show that your misdiagnosed calcaneus fracture or missed heel bone fracture was caused by negligence, you will need to gather proof. This may include copies of your medical records.
What Are Commonly Missed Fractures?
Commonly missed fractures could include any of the following;
- Avulsion fractures of the ankle or foot.
- Scaphoid fractures.
- A broken hip or pelvic fracture.
- A hand fracture.
- Wrist fractures.
- Vertebrae fractures.
- An elbow fracture.
These are just some examples of commonly missed fractures you may be able to claim compensation for. One of our specialist medical negligence solicitors could help you to make a missed fracture compensation claim. For more information, contact our team.
How Could A Bone Fracture Be Missed?
From visual assessments to the use of a variety of medical scans, there are a number of ways in which a broken or fractured bone may be diagnosed. As such, there are different ways in which a missed fracture could occur.
Examples of why a fracture may be misdiagnosed could include;
- A doctor or other medical professional not requesting an x-ray (or other appropriate test).
- Fractures being missed by a radiographer or doctor on an x-ray.
- The x-ray was taken the wrong way or the scanner was improperly set up.
- Results from scans (such as x-rays) being misinterpreted.
If a fracture is not correctly diagnosed and treated you may suffer additional harm. The bone may set in the wrong way and need to be rebroken to set correctly. This can be a painful procedure. A missed fracture compensation case must show that a medical professional did not act in a reasonable way. This may involve showing that another medical professional would have diagnosed the fracture.
To claim for a misdiagnosed metacarpal fracture, or other injury, please contact us.
How Do I Claim Missed Fracture Compensation?
There are several steps which you may need to take after medical negligence should you wish to claim compensation. These include gathering evidence that a medical professional has been negligent. It may also include evidence which shows what injury you suffered and what costs you have had to meet.
Examples of proof of medical negligence you could gather include;
- Copies of your medical records. These will show your initial diagnosis and treatment as well as your subsequent diagnosis. They will also show what treatment you require.
- Records of any complaint you have made to either a private healthcare provider or the NHS.
- Copies of x-rays and scans. These could show a missed fracture, or the progression of the injury (or both).
- Financial records, such as copies of your bank statement, invoices for medical care or receipts for medication. If you wish to claim for any financial losses, you must supply evidence of these.
You can learn more about the claims process, including how to prove a hospital negligence claim by speaking to a member of our team. To claim missed fracture compensation, please speak to our team.
What Is The Time Limit For An Undiagnosed Fracture Claim?
In most instances, if you are making a missed fracture compensation claim you will have three years in which to make a claim. Generally, the time limit in which to make missed fracture claims will begin at the point medical negligence occurred. If you were not aware of the missed fracture diagnosis till a later date, your time limit may begin then (this is called the date of knowledge). This is the limitation period to begin a medical negligence claim as set out in the Limitation Act 1980.
There may be instances in which you could claim for the impact of an undiagnosed fracture on behalf of another person as their litigation friend. This may be where the injured person was under the age of eighteen or where they lacked the mental capacity to claim on their own behalf. In such instances the time limit in which to claim may differ.
To learn more about how to make a delayed fracture diagnosis compensation claim, please speak to our team.
How Much Missed Fracture Compensation Could I Receive?
When looking at how to calculate a missed fracture compensation amount, there are severe factors which need to be taken into account. Your undiagnosed fracture claim settlement may be made of two heads of claim. These are, general damages and special damages. The former is awarded for your pain and suffering. The latter, for financial losses.
Compensation for pain and suffering may be calculated using the Judicial College (JC) Guidelines. These are used by those tasked with assigning value to medical negligence claims to work out how much people may be owed. In the table below, we look at a few figures from these guidelines that could be relevant to missed fracture claims. The first row does not use a figure from the JC, but illustrates how you could be compensated for multiple missed injuries and related costs. Please note that all claims are different with compensation awarded based on individual merits. Therefore, this table should only be used as a guide.
| Harm | Severity | Notes | Compensation Guidelines |
|---|---|---|---|
| Multiple serious injuries + special damages | Serious or severe | Multiple injuries which are serious or severe. | Up to £500,000+ with special damages. |
| Hip/ Pelvis injury | A - Severe - i | An extensive pelvic fracture which could also involve a dislocation of the back. | £95,680 to £159,770 |
| Foot injury | D - Severe | Fracture of both heels which substantially restricts mobility, | £51,220 to £85,460 |
| Foot injury | F - Moderate | A displaced fracture of the metatarsal bone. | £16,770 to £30,500 |
| Knee injury | A - Severe - ii | A fracture of the leg bone which then extends into the knee joint. | £63,610 to £85,100 |
| Hand injury | F - severe finger fractures | Severe fractures to the fingers which may require partial amputation. | Up to £44,840. |
| Hand injury | G - Less serious hand injury | Could include a crush injury which impairs function. | £17,640 to £35,390 |
| Elbow injury | A - Severe/ disabling | A severely disabling elbow injury. | £47,810 to £66,920 |
| Shoulder injury | E - Clavicle fracture | A fracture of the clavicle bone. | £6,280 to £14,940 |
| Wrist injury | D - Fracture or soft tissue injury | Where recovery from an injury (fracture) takes more than a year. | £7,420 to £12,610 |
Additionally, you could be awarded special damages to reimburse the financial costs associated with the missed fracture. Examples include:
- Loss of earnings for time spent off work recovering.
- Domestic help, such as a house cleaner while you recover.
- Private healthcare.
- Prescription and over-the-counter pain relief.
Please speak to a member of our team to learn what you could be awarded for a successful medical negligence claim.
Claim For A Missed Fracture Using A No Win No Fee Solicitor
You could be eligible to make a missed fracture claim on a No Win No Fee basis. This means working with a No Win No Fee solicitor using a Conditional Fee Agreement or CFA. With a CFA you would not need either to make an initial payment to the solicitor or to pay for their services whilst the claim is underway.
Instead, you would only be charged for their services if and when you win your claim. If you do not win your claim, there’s nothing to pay for your solicitor’s work. If you do win, you will pay a success fee. This is deducted by the solicitor and how much may be paid is set by law.
For more information on how to make missed fracture claims, such as delayed finger fracture diagnosis claims, please contact us. Additionally, an advisor can give you a free consultation. If it seems like you have good grounds to launch a missed fracture claim, you could be connected to one of our solicitors.
- You can contact us using the live chat below.
- You could begin your claim online using our form.
- Or you could phone our team about making a medical negligence claim on 0800 652 3087.
Read More About Medical Negligence Claims
Below we have included further helpful guides from across our site.
- In this guide you can learn more about missed radius fracture claims.
- Here we look at making an emergency department missed fracture claim.
Here you can find further helpful resources.
- Check how to complain about a service provider with the Care Quality Commission in this resource.
- Check how to get a copy of your medical records in this NHS guide.
- Learn more about first aid in this resource from the Red Cross.
Thank you for reading our guide on how to make missed fracture compensation claims. For more information, please contact our team.
