Have you been made to suffer additional pain due to a misdiagnosed leg fracture? Has a breach in the duty of care inflicted health implications that could have been avoided? If that is the case, then you might be searching for a medical negligence solicitor who could handle your potential claim. If a medical professional breaches their duty of care, it could cause you to experience life-altering health implications.
Here at Medical Negligence Assist, we understand that your health and well-being is of significant importance, which is why our panel of solicitors could potentially assist you throughout the claims process.
Throughout this online guide, it shall discuss how medical negligence could cause avoidable pain and suffering, and how our experienced panel of solicitors could assist you throughout the claims process. If when reading this guide you have additional questions, why not contact a member of our team? Our knowledgeable team of advisers are more than happy to speak with you and answer any questions that you might have.
Choose A Section
- A Guide To Making A Missed Leg Fracture Claim
- What Is A Misdiagnosed Fracture?
- Why Fracture Misdiagnosis Are Made?
- Causes Of A Fractured Leg
- Symptoms Of A Fractured Leg
- Treatment And Diagnostic Options For Leg Fractures
- Will My Injury Be Eligible For Compensation?
- A GP Missed Your Leg Fracture
- A Hospital Missed Your Leg Fracture
- Rights To Healthcare Standards When Treated By The NHS
- Missed Leg Fracture Compensation Claim Time Limits
- Calculating Compensation For A Missed Leg Fracture
- No Win No Fee Claims For A Misdiagnosed Leg Fracture
- Starting Your Claim
- Supporting Resources
Medical professionals have a duty of care to their patients which they are required to uphold at all times. A duty of care ensures that all patients receive a minimum standard of care and guarantees all medical professionals work to a good standard of medical practice. If a medical professional were to breach their duty of care, it could lead to a patient’s injury going undiagnosed or improperly treated. Within this guide, it shall discuss how medical professionals could deviate from their duty of care, and how this breach in obligation could cause an innocent individual to experience avoidable harm. This online guide shall also outline advice by answering relevant questions, such as:
- What is medical negligence?
- What is a personal injury claim?
- What is the duty of a medical professional?
- How is a misdiagnosed leg fracture caused?
- What are the symptoms of a leg fracture?
- What does a fractured leg look like?
After reading this guide, you might have questions regarding the claims process. If that is the case, why not contact a member of our team? Here at Medical Negligence Assist, we have a knowledgeable team of advisers that can offer free legal advice that is available 24 hours a day, 7 days a week. So if you have any questions, please pick up the phone and call us today.
Throughout this guide, it shall be discussing how clinical negligence could lead to a missed leg fracture. A fractured or broken bone is a common injury that numerous people experience. In many cases, a casualty of this nature is often caused by blunt force trauma or falling onto the affected area.
When visiting a medical professional, you often expect a high standard of care and treatment. After all, medical professionals are held to a high code of ethics, and they often provide outstanding care. If a leg injury where to be improperly treated or misdiagnosed, it could lead to threating health implications that could’ve been avoided.
You might question how a fractured leg injury could go misdiagnosed or mistreated by a medical professional, which is a reasonable question to ask. There are various reasons why a medical profession could neglect an injury, so to illustrate a more straightforward understanding, we have provided a list of examples:
- A failure to correctly identify the fracture on the x-ray.
- An inexperienced medical professional fails to offer an X-ray.
- X-ray results are misinterpreted.
- A failure to pass the X-ray report to the doctor to be officially examined.
To make a personal injury claim for a mistreated or a misdiagnosed leg fracture, you must have neglectfully experienced a degree of pain or suffering that could have been avoided. For example, if a medical professional has misdiagnosed your broken leg, you could experience pain, suffering, and additional complications due to a delay in treatment. If that is the case, then you could potentially have grounds to claim for the avoidable suffering you’ve endured.
In some cases, a broken or fractured bone is often caused by;
- Slip, Trips, and Falls – A slip or trip can cause a bone to fracture due to the impact during the fall.
- Blunt Force Trauma – Blunt force trauma can cause a bone to fracture or break. This is due to the intense pressure on the bone. Examples of blunt force trauma could include incidents like Road Traffic Accidents.
If you have fallen or suffered a blunt force injury due to the negligence of a third party, you might be unsure of what measures you could take. According to Citizens Advice, those affected by a negligent third party should consider:
- Taking photographic evidence of the cause of the accident.
- Swap contact information with anyone that witnessed the incident.
- Seek medical attention
- Speak to a legal professional and seek advice.
The symptoms of a fractured or broken leg will often include severe pain, swelling, and bruising. Most people will be unable to walk or put pressure on the injured leg, and they might experience additional symptoms such as:
- Visibly odd shape to the skin.
- The bone may poke out of the skin.
- In some cases, some people hear a cracking sound (when the leg was broken).
If someone else has experienced a broken leg, you might question if there are steps you could take to support them? The NHS suggests that you should contact 999 immediately, but while waiting, you could:
- Avoid moving the injured leg
- Keep the leg elevated
- Do not try and realign any bones that are out of place
- Place a sterile dressing or clean cloth over any open wounds
- If the person is in shock, lie them down and carefully rest their legs above the level of their heart – this will increase blood flow.
A fractured or broken leg has the ability to cause serious implications, and in the event, you experience a leg injury, you might wonder what treatment is available. The NHS suggests that those who suffer a broken bone will be treated with the following steps:
- Immobilisation – At first, your doctor will provide painkillers and a potential splint to your leg. This will help secure the leg in position and prevent further damage from occurring. This may progress into a full cast once the swelling has gone down.
- Reduction – If the bones are misaligned, a medical professional may need to manually put them back together. This is known as a reduction.
- Surgery – In severe cases, a fracture might require surgery to help it fully realign. This is often done through metal writes, screws, rods, and plates.
- Follow Up Appointment – Once you have been provided with treatment, you will be required to attend follow up appointments. This is to ensure your injury is healing correctly.
In most cases, a broken or fractured bone will heal within a few months and display no signs of further problems. However, if a leg injury is neglectfully misdiagnosed or improperly treated, it could lead to additional complications. To illustrate the various possible complications that could occur, we have provided a list:
- Damage to the muscles, nerves or blood vessels – If a leg injury were to go untreated, it could cause additional damage. This could lead to a loss of movement, feeling, or in some cases, the blood supply to the limb.
- Bone Infection – A bone infection is more likely to occur if the bone is sticking out of the skin, or if surgery has been performed on the bone. Disease can often delay the healing process, and in some cases, it might require surgery or medication.
- Compartment Syndrome – This is a painful and potentially dangerous condition that needs to be treated appropriately. Compartment syndrome is caused by a bleed or swelling within a collection of muscles, and often will require surgery to relieve the built-up pressure within the leg.
- Additional Complications – There are occasions where additional surgery will be required. This is often due to an injury failing to heal properly, or if the bone doesn’t align properly.
If you’ve suffered due to a mistreated or misdiagnosed broken leg, you might question if you have grounds to make a medical negligence claim for compensation. Medical professionals owe each of their patients a duty of care, and if they were to neglect this obligation, it could cause avoidable implications. In order to make a claim for compensation, you must be able to provide evidence that displays the negligent party at fault. For example, if you received a neglectful delay in treatment that has caused further complications, then you could have grounds to make a claim, as these were avoidable damages. However, if a medical mistake was quickly acknowledged and corrected, you most likely won’t have grounds to make a claim. This is because the medical professional had corrected the error before additional damage was caused.
When visiting a medical professional with regards to a health concern, you expect to be treated with honesty, compassion and respect. After all, medical professionals have the knowledge and skillset to help us get better when we become injured or sick. All doctors are held to a high code of ethics which requires them to:
- Understand and respect their patient’s concerns.
- Make the health and well-being of the patient the primary goal.
- Take prompt and vindicated action (if required).
- Have open and robust communication.
- Have a well-established knowledge and skillset.
When visiting a GP, they should provide you with a concise diagnosis regarding your health concern. If a medical professional is unsure of your symptoms/injury, they are required to get a second opinion from a specialist. If a GP fails to diagnose your symptoms, or, if they fail to connect you to a specialist, this could be considered a breach in their duty of care. GP’s are required to get a second opinion and support when they have uncertainty, and a failure to act upon this instinct could make them liable. In order to make a claim against a GP, you must be able to show how the negligent actions of a GP caused you additional injury or harm. For more information on how to make a claim of this nature, please speak to a member of our team today.
In emergency situations, you might visit the Accident and Emergency (A&E) department at your local hospital. When visiting A&E, you might notice how they are extremely busy departments tackling various concerns. The medical professionals within the A&E department are tasked with performing quickly and to a high standard, as they too are held to a high code of ethics. However, if when visiting A&E, your broken leg goes untreated or misdiagnosed, it could lead to additional complications that could have been avoided.
If medical negligence caused you to suffer from a hospital missed fracture, then you could have grounds to make a claim for compensation. To discover how our panel of solicitors could assist you, please speak to a member of our team today.
The NHS states within their constitution that it belongs to people and that their main aim is to provide high-quality healthcare. Within the constitution, the NHS also states that they aim to:
- Provide free and accessible healthcare to who may need it
- Uphold a high standard of healthcare
- Provide treatments and medication that have been nationally approved
- Respect a patients right to confidentiality
- Make decisions that are ethical, clear, concise, and transparent
If you have suffered from a misdiagnosed leg bone fracture, you might consider a personal injury claim for compensation. In order to make a claim of this nature, you must begin your claim within the personal injury claims time limit. The time limit for a medical negligence claim is three years, and a failure to initiate a claim within the time limit will hinder any chance of being awarded compensation. However, it must be highlighted that there are cases where the time limit could begin at a later date. For example, if you experience complications after a misdiagnosed leg fracture, the time limit would begin once these complications have been officially diagnosed.
If you are unsure if your case will meet the personal injury claims time limit, why not speak to a member of our team? Here at Medical Negligence Assist, our team of advisers will be able to support you and answer questions that you might have.
Those that have been affected by medical negligence could be awarded damages for the suffering they’ve endured. Awarded Damages are split into two different categories that are referred to as General and Special Damages. General Damages could be awarded to those that experience physical injury or psychological trauma due to medical negligence, and to effectively outline the various amounts of General Damages that could be awarded, we have provided a personal injury claims calculator. Within the table below, you will find a collection of injuries, the severity of the injuries, and the respected compensation amount. These figures are based on the Judicial College Guidelines and are to be used for example purposes. It is always worth remembering that any compensation you could be entitled to will reflect the damages you’ve endured.
|The Severity of the Injury
|Loss of Both Legs
|£225,960 to £264,650
|Damages of this nature are often awarded to those who lose both of their legs above the knee. A settlement of this nature could be awarded to those that also experience phantom pains, psychological trauma, and backache.
|Loss of Both Legs (Below the Knee)
|£189,110 to £253,480
|This level of compensation could be awarded to those who experience an amputation of both legs below the knee. In many cases, the awarded settlement will depend upon factors such as the severity of any phantom pains, trauma, and side effects.
|£16,860 to £26,050
|Compensation of this nature could be awarded to those who have serious soft tissue damage where an incomplete recovery is made. In some cases, the fracture will make a reasonable recovery, but the affected individual will be left with a limp, impaired mobility and sensory loss.
|£26,050 to £36,790
|A moderate leg injury is often influenced by the extent of treatment required, the employment status of the individual, the requirement of future surgery, and the imperfect union of fractures.
|£51,460 to £85,600
|Serious compound fractures are often expected to require lengthy treatment, arthritis, and extensive scarring.
|£90,320 to £127,530
|A settlement of this nature could be awarded to those that experience extensive degloving of the leg, which is where there is a gross shorting of the leg. Alternatively, this could be awarded to those where fractures have not been united and extensive bone grafting is required.
Special Damages could be awarded to those that experience financial loss after medical negligence. To outline the different types of financial losses that could occur, we have provided a small list:
- Medical Expenses
- The Cost of Care
- The Loss of Potential Earnings
- Travel Expenses
If you have valid grounds to pursue a medical negligence claim for a misdiagnosed leg fracture, then a solicitor from our panel could offer to handle the claim under a No Win No Fee agreement. A financial arrangement of this nature can reduce the threat to your finances and eliminate the concerns surrounding upfront charges. You will only be required to pay a fee if the claim has a successful outcome.
If a solicitor takes on a claim under a No Win No Fee arrangement and is successful, then you (the claimant) will be required to pay a success fee for the services that have been provided. This fee is subsidised from the awarded settlement and is capped (by law) at 25%. The percentage of the fee can be discussed with the solicitor in the early stages of the claims process. If you have any questions regarding No Win No Fee agreements and how they work, please contact a member of our team today.
If you are seeking legal advice, why not contact Medical Negligence Assist? Our team of knowledgeable advisers are more than happy to speak with you, and they can offer free legal information of no obligation. Our phone lines are free to call, and our advisers are available 24 hours a day, 7 days a week. Alternatively, you could enquire online through our website form. Once submitted, a member of our team will review your enquiry and contact you.
To speak with an adviser from our team, the number to call is 0800 652 3087
To enquire online, please click here.
This online guide should have provided those that are seeking legal support with insight into the personal injury claims process. To expand on misdiagnosed leg fracture claims, we have provided some additional materials that could be of use. You can find these materials located below.
What Are The Time Restraints For Making A Claim
Misdiagnosis Claim For Compensation
What Are The Three Preconditions For Filing A Misdiagnosis Claim?
Could Medical Negligence Assist Help Me Claim Against Private Healthcare?
Wrongful Death Claims
What Is A Wrongful Death Claim And How Do They Work?
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Written by Michael
Edited by LisM.