By Megan Uley. Last Updated 16th November 2022. 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.
Claiming for a shoulder fracture that was missed
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
- Broken Shoulder – Evidence You’ll Need To Claim
- Undiagnosed Fracture Claim Time Limits
- Shoulder Injury Compensation – How Much Could I Receive?
- No Win No Fee Missed Shoulder Fracture Claims
- Begin A Missed Shoulder Fracture Claim
- Read More
Broken Shoulder – Evidence You’ll Need To Claim
When making a medical negligence claim for a broken shoulder misdiagnosis, evidence is crucial for proving that medical negligence occurred. Some of the evidence that could help you in your claim could include:
- Correspondence with the medical institute where the negligence occurred.
- Medical evidence of your initial misdiagnoses – this could be a copy of your medical records starting the original diagnoses you received for your broken shoulder.
- Medical evidence of your fractured shoulder. An X-ray scan showing your shoulder fracture could be used.
Remember, in order to be eligible to make a claim, you must prove that your suffered unnecessary harm due to a medical professional breaching their duty of care. Additionally, you will only be able to make a claim for the harm caused by medical negligence, and not for your initial shoulder injury.
Contact our advisors today to see if you are eligible to claim. They could also help explain to you why, if you’ve suffered a shoulder fracture, an X-ray could be used as vital evidence in your claim.
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.
Shoulder Injury Compensation – How Much Could I Receive?
A broken shoulder could potentially lead to both mental and physical suffering. A claim for compensation can address injuries in both of these categories. The figure awarded for the pain and suffering your injury is called is known as a general damages payment.
Legal professionals calculate general damages by evaluating the level of your pain and suffering caused by a broken shoulder. An X-ray, along with other medical evidence, could be used to aid in this process.
Additionally, a publication called the Judicial College Guidelines (JCG) is also utilised. The latest edition was published in 2022. We have included some entries in the table below. As you can see, every injury is assigned a range of figures. Whilst based on past court cases, these figures will not necessarily be reflective of how much you could be awarded. Your own claim needs to be assessed with your specific circumstances in mind before an accurate and suitable figure can be calculated.
| Injury | Comments | Amount |
|---|---|---|
| Injuries to the Elbow - (a) | A seriously disabling elbow injury. | £39,170 to £54,830 |
| Injuries to the Elbow - Less Severe | No major surgery is required, but there will be an impairment of the elbow's function. | £15,650 to £32,010 |
| Shoulder Injury - Severe | Severe shoulder injuries may be associated with injuries to the neck as well as injuries affecting the brachial plexus. They may result in significant disabilities. | £19,200 to £48,030 |
| Shoulder Injury - Serious | Injuries could include dislocation and damage to the brachial plexus which causes pain in the shoulder, neck and even elbow. This bracket may also include rotator cuff injuries which do include persistent symptoms. | £12,770 to £19,200 |
| Shoulder Injury - Moderate | A frozen shoulder which limits movement in the joint. Symptoms may persist for as much as two years. Such injuries should not be permanent. | £7,890 to £12,770 |
| Shoulder Injury - Clavicle Fracture | How much compensation you could receive will depend on the severity of the fracture to the clavicle. Compensation also depends on any residual symptoms. | £5,150 to £12,240 |
| Shoulder Injury - Minor (i) | A soft-tissue injury where a full recovery takes place without surgery in less than 2 years | £4,350 to £7,890 |
| Shoulder Injury - Minor (ii) | A soft tissue injury that causes significant pain but completely recovers with 1 year. | £2,450 to £4,350 |
| Shoulder Injury - Minor (iii) | A full recovery from a soft tissue injury takes place withing 3 months. | Up to £2,450 |
| Arm Injuries - Less Severe | A significant amount of recovery has taken place, or is expected to, after suffering significant disabilities. | £19,200 to £39,170 |
Another amount that could be included in your shoulder injury compensation settlement is a figure known as special damages. This is when you can be reimbursed for loss of a financial nature that has only occurred as a result of your injuries.
Examples can include (but are not limited to):
- Loss of earnings
- Travel costs
- Additional care at home
- Medical expenses
For more information on the potential value of your claim, get in touch with our advisors. We are on hand to help on a 24/7 basis.
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.
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.