Missed Shoulder Fracture No Win No Fee Compensation Claims

100% No Win, No Fee Claims
Nothing to pay if you lose.

  • UK Victims get the maximum compensation you are entitled to. 
  • Free legal advice from a friendly solicitor.
  • Specialist solicitors with up to 30 years experience
  • Find out if you can claim compensation Call 0800 652 3087

Start My Claim Online

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

Missed shoulder fracture compensation claims

Missed shoulder fracture compensation claims

Have you been harmed because a doctor missed your shoulder fracture? A misdiagnosed shoulder fracture can result in a patient suffering avoidable pain, having to undergo surgery that would not have been necessary, had the fracture not been missed, or even experiencing life-threatening complications. If you have been injured or experienced a worsening of your medical condition as a result of a negligent misdiagnosed shoulder fracture you may be eligible to claim compensation. Trust Medical Negligence Assist to help you claim compensation for your injuries.

For free legal advice on claiming compensation for a negligent misdiagnosed fracture of the shoulder, call Medical Negligence Assist today on 0800 652 3087. As well as advising you on what steps you can take, if we can see that you are eligible to make a medical negligence compensation claim, we will provide you with a knowledgeable personal injury solicitor to handle your claim. The solicitors we work with have up to three decades of experience handling medical negligence claims and will always push to win you the maximum amount of compensation that you could be entitled to claim. Call us today to speak to an informed medical negligence claims advisor or use our online claims form to reach us and if you have legitimate grounds to make a compensation claim, we will start working on your missed shoulder fracture claim as soon as possible.

Choose A Section

  • A Guide On Missed Shoulder Fracture Claims
  • What Is A Missed Fracture?
  • Causes Of Undiagnosed Or Missed Fractures
  • Common Causes Of Fractures To The Shoulder
  • Signs And Symptoms Of A Shoulder Fracture
  • How Are Shoulder Fractures Diagnosed Or Treated?
  • Claims Where A GP Missed A Shoulder Fracture
  • Claims Where Hospitals Missed A Shoulder Fracture
  • What Are My Rights As A Patient Of The NHS?
  • Undiagnosed Fracture Claim Time Limits
  • Calculating Compensation For A Missed Shoulder Fracture
  • No Win No Fee Missed Shoulder Fracture Claims
  • Begin A Missed Shoulder Fracture Claim
  • Read More

A Guide On Missed Shoulder Fracture Claims

A fractured shoulder can be a painful and debilitating injury. If a patient is suffering from a fracture there is normally a short window of time in which to treat the patient. If they do not initially get the treatment they need the fracture may worsen and the patient may need more invasive treatment. In some circumstances, the patient can suffer from life-threatening complications. If a doctor working in an Accident & Emergency ward at a hospital or a GP misses the symptoms of a shoulder fracture or mistakes the shoulder fracture for another type of injury, this can result in the patient’s treatment being delayed and the patient becoming harmed as a result.

In this guide, we will look at what a shoulder fracture injury is and will look at the complications that can occur if a shoulder fracture is missed. Remember, if you have suffered a negligent missed fractured shoulder and worsening of your medical condition that would have been avoidable had your fracture been correctly diagnosed, you may be eligible for compensation. Call Medical Negligence Assist today for your free clinical negligence claims consultation. If we can see that you are eligible for compensation, we will provide you with an experienced medical negligence solicitor, who will start working on your claim right away.

What Is A Missed Fracture?

A fracture is a broken or cracked bone. This can be in one or several places. Broken bone and fractured bone injuries usually happen because someone is involved in an accident involving trauma, such as a fall, a car accident, or suffering an assault. When people are suffering from the symptoms of a fracture, they usually go to a hospital Accident & Emergency department to be diagnosed. The broken bone is usually treated by the trauma and orthopaedics department. In some cases, a patient may go to a GP believing they have a minor injury, who will refer them to a hospital.

Doctors working in A&E departments are responsible for recognising the signs of a fracture, such as a fractured shoulder, and diagnosing the injury. Some injuries have similar symptoms to fractures, such as a severe sprain, so doctors may want to take steps to rule out that the patient is not suffering from a different type of injury. However, if a patient is suffering from the symptoms of a shoulder fracture, the doctor should fully investigate these injuries, to make sure that they do not miss the fracture.

Causes Of Undiagnosed Or Missed Fractures

Fractures are debilitating and painful injuries, so it may seem surprising that a missed fracture can occur. Why can a misdiagnosed shoulder fracture error happen? Here are some reasons why doctors miss and misdiagnose fractures.

  • A fracture is missed on an x-ray by an inexperienced junior doctor. Junior doctors should always ask for a second opinion when they are in doubt.
  • Not all fractures are visible on an x-ray, so they can be missed. To avoid missing these fracture injuries, doctors should provide patient-centred care. If they can see that the patient is suffering from the symptoms of a shoulder fracture but cannot see a fracture on the x-ray, a CAT-scan or MRI-scan machine can be used to diagnose the injury.
  • The shoulder is x-rayed from an angle where the fracture is not visible.
    A hospital makes an administrative error which affects the patient’s diagnosis. For example, a hospital could mix up one patient’s x-rays, with another patient’s x-rays. This can cause the injured patient to get the wrong diagnosis.
  • A fracture can be mistaken for a severe sprain, as they share some symptoms. However, a severe sprain is usually treated with rest and sometimes physiotherapy. A fracture needs more rigorous treatment. If a fracture is mistaken for a sprain, the patient will not get the treatment that they need.

What precautions can hospitals take to avoid missed shoulder fracture mistakes? Many hospitals now have a consultant review every x-ray to double-check that fractures and other injuries have not been missed. However, this process can take up to thirty days, in which time a patient’s condition may have rapidly deteriorated.

Common Causes Of Fractures To The Shoulder

Before we explain how a broken shoulder or fractured shoulder injury can happen, let’s explain how the anatomy of the shoulder works.

The shoulder blades (also known as the scapulas) are a flat bony structure on the upper back, that attaches the upper arm bone to the wall of the chest (thorax). It also creates a socket for the shoulder joint (glenoid), which attaches to the upper arm. Surrounding the shoulder blades are thick layers of muscle, the purpose of which is to move the shoulder. Because the scapulae is a very strong bone, broken scapulae or fractured scapulae is not a common injury. In fact, less than 1% of fractured bone injuries are fractured scapulas injuries.

A fractured scapula or broken scapular injury usually occurs after a high impact trauma. Because of the nature of these accidents, they are most commonly associated with young men aged 25 to 45, due to behaviours associated with this group. This could include being hit by a large blunt object such as a cricket bat, by accident or because of an assault, being involved in a road traffic accident, or a direct assault, a fall directly onto the shoulder, or a fall into an outstretched arm. 80% of broken shoulder blade injuries also involve associated injuries to other parts of the body including the lungs, thorax and shoulder socket.

Signs And Symptoms Of A Shoulder Fracture

These are the symptoms of a shoulder fracture. If you are suffering from these symptoms, get someone to take you to your local hospital A&E (accident & emergency) department for diagnosis and treatment immediately.

Symptoms of a fractured shoulder include:

  • Pain, swelling and bruising over the shoulder blade and upper back.
  • The injured person is unable to lift their arm.
  • If the injured person moves their arm, the pain increases.
  • The injured person is experiencing pain as they breathe. This is because as they breathe the wall of the chest rises and falls, the shoulder blade is moved, which causes excessive pain.
  • The shoulder is misshaped, deformed or flattened in appearance.

How Are Shoulder Fractures Diagnosed Or Treated?

How do doctors diagnose a fractured shoulder? They will look for symptoms of a shoulder fracture, such as mishaps, swelling, bruising or excessive pain. In most instances, an x-ray will be taken. If the fracture is not visible on the x-ray, but the patient is still showing symptoms of a fractured shoulder, the doctor can take an MRI-scan or CAT-scan to make sure that they do not miss the shoulder fracture. Failure to properly investigate the patient’s symptoms, resulting in a missed shoulder fracture, and the patient being harmed, as a result, is a form of medical negligence (also known as clinical negligence or medical malpractice).

Why is a missed fractured shoulder, or a misdiagnosed fracture of the shoulder, so harmful to the patient? Most shoulder blade fractures are treated by moving the bone into position then using a sling or another type of brace to keep the arm in place as it heals. In some cases where more than one bone is fractured, such as a clavicle and shoulder fracture, or a shoulder and humerus fracture, surgery might be required.

Unfortunately for a fracture to heal without surgery, it must be diagnosed within a short window of time. This means that an undiagnosed fracture, which could have been treated by stabilising the injury, will now require surgery that could have otherwise been avoided. This causes the patient unnecessary pain, suffering and loss of amenity. What’s more, in some cases if a shoulder fracture is missed this can lead to complications. Complications resulting from a missed shoulder fracture can include osteoarthritis which can seriously impact the patient’s quality of life and fat embolisms. A fat embolism is when a fracture releases fat particles into the bloodstream from the bone. This creates a blockage. If the blockage cuts off the blood supply to a vital organ, the patient can die.

Claims Where A GP Missed A Shoulder Fracture

Some patients will go to a GP (General Practitioner) following an accident if they are suffering from the symptoms of a fractured shoulder. A GP does not have access to an X-ray machine, a CAT-scan or MRI-Scan machine but they can recognise the symptoms of a fractured shoulder and refer the patient to a hospital for a proper diagnosis and treatment. If a GP has missed your fractured shoulder and this caused you complications or caused your injury to worsen over time, you may be able to make a medical negligence claim for compensation.

Claims Where Hospitals Missed A Shoulder Fracture

A&E departments in hospitals are often busy places where hospital workers are very pushed for time. However, A&E doctors have a duty of care towards their patients and must provide them with adequate treatment. If a patient receives substandard care, for example, a fractured shoulder is negligently misdiagnosed and the condition worsens over time, or the patient develops complications due to lack of correct treatment this is medical negligence. If you suffered a missed fractured shoulder because of negligence on the part of a hospital, you may be able to make a clinical negligence compensation claim for your injuries.

What Are My Rights As A Patient Of The NHS?

The rights of NHS patients are protected by the NHS constitution. You can read about the rights of NHS patients in this Citizen’s Advice Bureau guide. Your rights when being treated for a shoulder fracture by the NHS, or receiving any other form of treatment include the right to have a complaint acknowledged within three days, the right to openness and transparency when being treated and the right to single-sex accommodation. The NHS understands that claims for medical malpractice may be made against their trusts from time to time. The NHS Litigation Authority will represent the NHS if you make a medical negligence claim against them.

Undiagnosed Fracture Claim Time Limits

In the United Kingdom, there is a personal injury claims time limit of three years. This means you will have three years from the date in which you were injured, or realised that you had been harmed. There are sometimes exceptions to this rule so if your incident of medical negligence happened more than three years ago, call Medical Negligence Assist to see if you are still entitled to claim compensation.

Calculating Compensation For A Missed Shoulder Fracture

If you make a successful personal injury claim for a missed fractured shoulder, your compensation package will have two parts. The first part will be general damages which will award you for the pain, suffering and loss of amenity that you have experienced as a result of your injuries.

You can use our personal injury claims calculator to estimate how much compensation you could be entitled to claim in general damages (calculator excludes special damages). For a personalised quote call us today.

SeverityCommentsSettlement - 10% uplift
Severe Shoulder InjurySevere shoulder injuries may be associated with injuries to the neck as well as injuries affecting the brachial plexus. They may result in significant disabilities in the claimant. Within this, there are several brackets or levels of fracture injury. £18,020 to £45,070
Serious Shoulder InjurySerious shoulder injuries could include injuries and damage to the brachial plexus which causes pain in the shoulder, neck and even elbow. There may be additional symptoms through the rest of the arm. This bracket may also include rotator cuff injuries which do include persistant symptoms.£11,980 to £18,020
Moderate Shoulder InjuryAt this level of injury to the shoulder, injuries may present as a frozen shoulder which limits movement in the joint. Symptoms may persist for as much as two years. Such injuries should not be permanent. £7,410 to £11,980
Minor Shoulder InjuryWhere a full recovery takes place without surgery between three months and two years. From up to £2,300 to £7,410
Clavicle FractureHow much compensation you could claim will depend on the severity of the fracture to the clavicle. Compensation also depends on any risidual symptoms.£4,830 to £11,490

In addition to general damages, you will also be awarded special damages. This can include, medical expenses (so if you need an operation or physiotherapy to correct your injuries, you claim funds to pay to have this done privately), travel expenses, loss of income and much more.

No Win No Fee Missed Shoulder Fracture Claims

At Medical Negligence Assist, we can put you in contact with an excellent solicitor to handle your claim. All of our clients have the option to make a no win no fee claim. What does no win no fee mean? No win no fee means that you will not have to pay an upfront solicitors fee, so you don’t have to worry about funding your claim in advance. Instead, you will pay a success fee if you win your claim, which will be deducted from your compensation package. In the unlikely circumstances that you don’t win your claim, you will not have to pay your solicitor’s fee, so there is less financial risk involved for you. To learn more about making a no win no fee claim for a missed fractured shoulder, call Medical Negligence Assist today.

Begin A Missed Shoulder Fracture Claim

If you have suffered complications or had your injuries worsen because doctors misdiagnosed your shoulder fracture, you may be owed medical negligence compensation. Contact Medical Negligence Assist for your free clinical negligence claims consultation or use our online form to contact us. If we can see that you are entitled to claim compensation we will assign an excellent personal injury solicitor to work on your claim. Call us today, we are looking forward to hearing from you.

Read More

In the resources below you can find further information about shoulder fractures and related injuries.

NHS Broken Collarbone
This NHS guide looks at broken collarbone injuries and how they are treated.

What To Do After A Shoulder Fracture
Information and advice from the NHS about how to deal with the after-effects of a shoulder fracture.

Orthopaedic Advice 

Written by Hana

Edited by LisM.