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

This online guide to making missed jaw bone fracture compensation claims provides information on how you could be entitled to claim compensation if you suffered harm due to a missed jawbone fracture.

Missed jaw bone fracture compensation claims

Missed jaw bone fracture compensation claims

We cover how a fractured jaw may be overlooked, and how this could leave you with grounds to file a medical negligence claim against the party responsible.

You may be left with unanswered questions having read this guide because each claim has its own unique aspects. Should this be the case, you can speak to one of our advisers on 0800 652 3087 to get the answers you need today.

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A Guide To Missed Jaw Bone Fracture Compensation Claims

This online guide provides information  on how to file a missed jaw fracture claim. We cover different jaw fractures, a missed mandibular fracture being one example and we start with a basic overview of what a misdiagnosed bone fracture is, and how it could entitle you to seek compensation by filing a medical negligence claim against the party responsible.

The next section covers jaw bone fractures and how this type of injury is diagnosed. We cover the main causes of jaw bone fractures, as well as the symptoms, diagnosis and treatment options. We look at how you could be eligible to make a claim for an overlooked fracture, and specifically discuss mistakes made by either a GP or a hospital that could lead to a claim. We end this section with a quick overview of the NHS Constitution and negligence complaints against the NHS.

In the final part, we cover the claims process itself, both legal considerations and financial ones. We briefly outline the time limits that would apply to a claim. You will also find a table that shows different ranges of compensation awarded to people for various fractured jaw injuries. This can help you work out roughly how much you may be awarded in a successful claim.

This compensation amounts provided are based on the Judicial College Guidelines used by the legal system in UK. Below the table, we provide information on the damages you could be awarded and lastly, we cover No Win No Fee claims, and how a solicitor working under this type of agreement takes the financial risk off the table.

If, once you reach the end of this guide you still have questions, or there are parts of the guide that you would like more information about, then please speak to our team. One of our advisers will answer your questions and explain how a personal injury lawyer could help you to make a medical negligence claim against a responsible party.

What Is A Misdiagnosed Jaw Bone Fracture?

A misdiagnosed jaw fracture could relate to any kind of jaw fracture, such as a misdiagnosed mandibular fracture. The injury may have been either entirely overlooked, or diagnosed as a different medical condition by a doctor or other medical professional. When a mistake is made by a hospital, at your GP surgery, or at another healthcare facility, it could be deemed to be medical negligence.

As long as you are eligible to make a negligence claim, and you can prove that negligence took place, you may have a valid basis for a claim. We cover this in more detail in a later section. However, if you want some general advice about making a negligence claim, please call our team and speak to one of our advisers today.

Why Are Fractured Jaw Bones Misdiagnosed?

There are many ways that a misdiagnosed jaw bone fracture can occur. Some jaw fractures, such as a serious traumatic mandibular fracture, would be very obvious to an examining doctor and, therefore unlikely to be overlooked. Others like hairline fractures, may not manifest symptoms severe enough to indicate that you sustained a fracture.

Some ways a misdiagnosis can happen are:

  • The examining doctor did not follow the full procedure for diagnosing a fracture
  • Tests such as an MRI scan or x-ray were skipped, or incorrectly carried out
  • The patient was seen by a nurse or an intern, due to the hospital being overworked and busy and they did not seek advice from a more experienced medical professional when needed
  • Test reports were lost or illegible

No matter how a fracture is misdiagnosed, if the root cause was a medical error, you may be entitled to make a claim for the harm you suffered. Speak to our team today to learn more about this.

Causes Of Fractured Jaw Bones

The jaw bone, which runs from behind the ear to the chin is a large, strong bone and one that takes significant blunt force trauma to break. However, in certain accidents, a fractured jaw is quite a common injury. Some of the ways that a broken jaw can occur are:

  • Being punched or hit in the face
  • Sporting accidents
  • Road traffic accidents
  • Fall either from height, or in a slip, or trip accident
  • Workplace accidents

A broken jaw is a serious injury, even a mild case can result in the patient having their jaw immobilised for several weeks, and being unable to eat solid foods. If you suffered harm such as a misdiagnosed jaw fracture at the hands of a medical professional, you may be able to seek compensation by filing a claim against the responsible party. Speak to our team for more advice about this.

What Are The Symptoms Of Jaw Bone Fractures?

In this section, we answer questions such as, can you fracture your jaw and not know it? And, what happens if a broken jaw goes untreated? To help with this, we need to take a look at the kinds of symptoms a broken jaw could exhibit. Some of the more common jaw fracture symptoms are:

  • General pain in the area
  • Swelling of the jaw or face in general
  • Blood coming from the mouth, or an open cut on the jaw
  • Problems breathing
  • Pain or discomfort when chewing food
  • Stiffness of the jaw, especially after resting/sleeping
  • Numbness or pins and needles of the face
  • Bruising or discolouration of the face
  • Loose teeth or numb gums

All these symptoms are indicative of a fractured jaw an if If overlooked, or mistaken as something else by a medical professional, the fracture could go untreated and this could lead to unnecessary suffering. In such cases, if negligence can be proven, you may be able to make a claim medical negligence compensation. Our team can advise you on how best to go about pursuing this type of personal injury claim.

How Are Fractured Jaw Bones Diagnosed And Treated?

In this section, we answer questions such as, can a broken jaw heal on its own? And, how long does a fractured jaw take to heal? A broken jaw would heal on its own, but you would likely be in severe pain for a considerable amount of time. A minor jaw fracture should generally heal in a couple of months, as long as there are no other complications. When it comes to diagnosing a fracture, doctors have a procedure they should follow to ensure they don’t miss a fracture.

This procedure consists of:

  • The patient should be examined, and the diagnosing doctor should look for physical signs of a fracture (such as the symptoms outlined in the previous section)
  • The patient must be questioned about how the injury occurred, so the doctor can judge the kinds of forces involved, and whether they were sufficient to cause a fracture
  • The examining doctor should check the patient’s medical history to see if they have fractured their jaw in the past, and to find out whether they suffer from a condition such as osteoporosis which could leave them more at risk of fractures
  • If the diagnosing doctor suspects a fracture of the jaw, they should call for additional tests, such as an x-ray and then an MRI scan if the fracture is not visible on the results of the x-ray

Once a fractured jaw has been confirmed, a medical professional would typically recommend a suitable treatment which could include:

  • Possible immobilisation of the jaw, this could include wiring the jaw shut to stop the patient moving their jaw. This means the patient will not be able to eat solid food for a considerable amount of time
  • In some cases, a broken jaw needs surgery. For example, where the two ends of the broken bone no longer line up jaw as they should, bone fracture surgery would realign them. Or, when teeth have also been damaged and are touching the jaw bone, surgery is used to extract the damaged teeth
  • Painkillers will be administered, at least in the short-term, to manage the pain
  • The patient will be educated on the kind of diet they must eat until their jaw is fully healed. They must avoid hard foods, and stick to foods such as rice, pasta and soup

If you were to suffer a jaw bone fracture, and it is misdiagnosed, it could lead to further suffering and complications. If you don’t receive the necessary treatment and you can prove that medical malpractice took place, you may be able to claim for the harm you suffered. Our team can talk you through the claims process if you give them a call on the number at the top of the page.

Could I Claim Compensation For My Fractured Jaw Bone?

In the previous section, we looked at symptoms of a fractured jaw that NHS doctors should pick up. If they don’t and you suffer further harm because the fracture was misdiagnosed or overlooked entirely, it could be possible to make a claim for medical negligence. In order to do this, you must be able to prove that the medical professional failed to meet their duty of care. To clarify this, every successful medical negligence claim would exhibit these three common facts:

  1. A medical professional harmed a patient they were treating
  2. The medical professional had a duty of care towards the patient that was harmed
  3. Had the medical professional taken some kind of alternative action, the patient would not have been harmed at all

The duty of care means that a medical professional should never cause any unnecessary harm to a patient and if they do, the patient can make a complaint to the NHS. If the NHS admits negligence, then a claim can proceed. If the NHS denies negligence took place, the claimant would need to prove that it did. We can help you prepare for your negligence claim, speak to our team to learn how.

Could I Claim If A GP Misdiagnosed My Jaw Fracture?

Not every NHS negligence claim is made against a hospital. Consider for a moment that your GP also works for the NHS. Your GP is the person you visit whenever you feel ill, or have suffered an injury. The GP makes the initial diagnosis and then decides whether they can treat you, or whether you need to be referred to a different healthcare unit for further tests.

What this means is that if your GP makes a mistake, such as overlooking the symptoms of a fractured jaw, you either won’t receive necessary treatment, or you won’t be referred for further NHS tests. In cases such as this, if you can prove your GP made a mistake, you may have a valid basis to make a negligence claim against them. One of our advisers will be able to evaluate your GP negligence claim for you, and tell you how a medical negligence lawyer can help, if you give them a call.

Could I Claim If A Hospital Misdiagnosed My Jaw Fracture?

If your jaw bone is broken and you visit a hospital to have it treated, you expect to be treated in a professional manner. We have already taken a look at the procedure for diagnosing a fractured jaw in a previous section. The medical professional who examines you should use a similar procedure to discern what kind of injury you sustained.

Unfortunately, errors can happen and symptoms can be missed or mistaken for other injuries. This could leave the patient without treatment, or they may receive the wrong treatment. In the case of a jaw fracture, this could cause the injury to worsen, or for complications to set in. If the hospital patient can prove that a mistake was made, and this led to them suffering unnecessary harm, they may be able to make a claim for clinical negligence. If you would like to learn whether your own claim is valid or not, please speak to our team today.

What Are My Rights When Being Treated By The NHS?

The NHS Constitution is a document that provides information to the public on what standard of care the NHS pledges to provide, and the kinds of operational procedures used. In relation to a claim for a misdiagnosed broken jaw by an NHS doctor, there are two key parts of the constitution that come into play which are:

  1. The NHS has a clearly defined complaints procedure, that a claimant will need to use to report negligence
  2. The NHS operates a transparent process for evaluating negligence complaints, using a board of medical professionals to evaluate them

If you are injured by an NHS employee, or suffer due to a misdiagnosis, you will need to follow the NHS complaints procedure for your case to be evaluated. The result will either be positive, or the NHS will deny that negligence took place. Either way, you would need the help of a solicitor if you intend on claiming compensation for medical negligence. Speak to one of our advisers to learn how a personal injury solicitor can assist you in pursuing a claim against a negligent party.

Are There Time Limits In Which To Claim?

There is a personal injury time limit associated with claims. In general, the time limit starts 3 years from the time of an injury takes place but there are exceptions to this rule which are explained below:

  • Over the age of 18, you have 3 years from the date the negligence took place, or 3 years from the date a medical condition caused by negligence is diagnosed,to start your claim
  • Under the age of 18, you have 3 years from your 18th birthday to make a claim which means you have up till you are twenty one to seek medical compensation from a responsible party

In some rare circumstances, this time limit might differ. As such, you should contact on of our advisers to find out exactly which time limit would apply to you medical negligence claim.

Missed Jaw Bone Fracture Compensation Calculator

The table is based on the Judicial College Guidelines which are used in the UK to value claims.

Jaw fractureVery seriousIn this category would be multiple fractures to the jaw, combined with long-term treatment and some form of permanent impairment. This could include chronic pain, difficulty eating, and a risk of developing arthritis in the future.£28,610 to £42,730
Jaw fractureSeriousIN this category would be all fractures of the jaw that would result in some form of permanent impairment. For example, problems eating, or unable to open the mouth fully.£16,860 to £28,610
Jaw fractureSimpleSimple and hairline fractures that will require immobilisation, but will then heal fully with no further effects.£6,060 to £8,200

You might also try a personal injury claims calculator to get a rough idea of how much you could claim. For a more accurate estimate of the level of medical negligence compensation you could be awarded, please contact a member of our team. If your claim is a success, you will potentially win damages such as:

  • Special damages:
    • Lowered work prospects
    • Lost income
    • Medical costs
    • The cost of private nursing
    • Travel fees
  • General damages:
    • Permanent disability
    • Psychological injuries
    • Pain and suffering
    • Shock and trauma
    • Painful treatment

One of our advisers can tell you what kinds of damages you may be able to claim if you give our team a call today.

No Win No Fee Missed Jaw Bone Fractures Medical Negligence Claims

If you use a personal injury solicitor who is willing to work under a No Win No Fee agreement, you don’t need to pay an upfront fee. The only time you pay the ‘success fee’ is when you are awarded the medical negligence compensation in a successful claim against the party responsible.

You don’t pay a fee at the start of your claim, or while it is being processed. If the claim fails and you receive no compensation, then you won’t be asked to pay the solicitor for the legal services they provided.

Contact Medical Negligence Assist

Have you suffered due to a misdiagnosed jaw fracture? If you have and can prove negligence was the cause, a medical negligence solicitor could help you claim compensation for the harm and suffering that was caused. We can help you with this, contact our team on 0800 652 3087 to proceed.

Supporting Resources

These external links should be useful:

NHS Information About Lower Jaw Fractures

NHS Information About Upper Jaw Fractures

Information About NHS Patient Rights

Read over these other guides for further advice:

Claiming Against An NHS Hospital

Negligence Claims Time Limits

How Much Could A Claim Be Worth?

More Misdiagnosis Claim Guides

Article by MW

Editor Honey