How To Make A Medical Negligence Claim For A Missed Arm Fracture
Were you made to suffer further injuries following a missed tibia fracture? Was this the result of medical malpractice? If so, you could be entitled to make a No Win No Fee personal injury claim.
In this guide, we look at the various aspects associated with making a compensation claim for a missed fracture of the tibia, and provide impartial advice on symptoms, treatment, recovery and what steps you could take following a medical negligence incident to help strengthen your potential claim.
We also explain the benefits of using a medical negligence solicitor on a ‘No Win No Fee’ basis. If at any point you would like to discuss your circumstances with an adviser, contact our friendly team on 0800 652 3087. In the meantime, please continue reading to find out more about misdiagnosed leg fractures.
Choose A Section
- A Guide To Claims For Missed Tibia Fractures
- What Is A Missed Fracture?
- Why Are Fractures Missed During Diagnosis?
- What Could Cause A Tibia Fracture?
- Tibia Fracture Symptoms
- How Are Tibia Fractures Diagnosed Or Treated?
- Could I Be Eligible To Claim Against A Healthcare Provider?
- Missed Tibia Fracture Claims Against GP Surgeries
- Missed Tibia Fracture Claims Against Hospitals
- Rights For Patients Being Treated By The NHS
- How Much Time Do I Have To Claim For A Fractured Tibia?
- Missed Tibia Fracture Compensation Calculator
- No Win No Fee Claims For A Missed Tibia Fracture
- Begin My Claim
- Where To Learn More
One of the more common incidents of medical negligence is a failure to correctly diagnose fractures or, in some cases, missing this type of injury entirely. As there is typically a short time-frame for treatment to take place, a missed tibia fracture could lead to more suffering and even permanent damage.
Whether you were made to suffer avoidable injuries following a misdiagnosed fracture of the tibia, or any form of missed fracture, you may be able to make a medical negligence claim against the responsible party. This guide looks to answer some of the more common questions, such as:
- “Can you walk on a fractured tibia?”
- “What is the recovery time for a fractured tibia?”
- “When can you drive after a broken tibia?”
- “How do you tell if a bone is fractured or bruised?”
In addition to this, we look at what a tibia fracture looks like, and what a tibia fracture feels like. Here at Medical Negligence Assist, our panel of personal injury solicitors are dedicated to representing victims of third-party negligence. We aim to provide you with as much information as possible in order to help you pursue a medical negligence claim.
For more information about the general area of misdiagnosis, please click here.
A missed or undiagnosed fracture could be seen as an act of medical malpractice. All healthcare providers and medical professionals have a duty of care towards their patients, failure to accurately diagnose a condition or to provide the right treatment, could be seen as a breach of this duty. The likelihood of such mistakes taking place tends to increase when a patient is suffering from multiple injuries which overshadows an underlying fracture which may not be as prominent as others. For example, this could include hairline and stress fractures.
Whether a fracture is severe or minor, it is vital for the injured person to receive medical attention as a matter of urgency. Again, it is the responsibility of medical practitioners to correctly diagnose and treat such conditions or to request a second opinion and further tests to ensure the individual does not suffer further avoidable pain, suffering and damage.
If there is a breach in this duty of care and your condition was made worse as a result, it could be deemed clinical negligence on the part of the medical professional in question. You could, therefore, have valid grounds to file a misdiagnosed fracture of the leg claim.
A missed or undiagnosed fracture could happen in any medical facility whether in a hospital, GP practice, surgeries and Accident and Emergency (A&E) department and there are a number of factors that could contribute to a misdiagnosis occurring. This includes:
- Failure to refer a patient for an X-ray to be carried out
- Inability to identify a fracture
- Misinterpretation of X-ray results
- X-ray report is lost in transit
There must be sufficient evidence to prove the medical professional in question was negligent and you were made to suffer as a result for your claim to be valid. Because medical negligence claims tend to be complex, seeking the assistance of a personal injury solicitor to help prove that a misdiagnosis was made, can be the difference between winning and losing a compensation claim against the party responsible.
The most common causes of a fractured tibia are collisions, twisting motions or falling from heights. Although it is possible for certain health conditions to affect a tibia fracture too.
A collision, especially high impact incidents typically involve a vehicle. In many instances this could lead to you sustaining severe fractures.
There are several sports which involve pivoting movements and this includes snowboarding, skiing, ice-skating and contact sports
The elderly are susceptible to falling which often results in them sustaining a fracture. However, it is also possible for younger people to suffer this type of injury too which includes athletes. According to the Health and Safety Executive (HSE), falls from heights accounted for 40% of all accidents in the workplace in 2018/19, which is a 5% increase from the annual average of the previous period.
There are certain tibia fracture symptoms, as outlined by the NHS, which include:
- Extreme pain in the lower leg
- Inability to walk, run or perform other such activities
- A feeling of numbness or tingling in the foot region
- Incapacity to bear weight on an affected leg
- Deformity, particularly in the knee, shin, ankle or lower leg
- Protruding bone
- Limited mobility/movement
It is possible for the fibula which is the second bone in the lower leg, to be affected when the tibia is fractured, especially in tibia fractures that occur close to the ankle.
Many people ask “Can you walk on a fractured leg?” The simple answer is no. A leg fracture, no matter how minor would be extremely painful, swollen and bruised. The NHS claims there are specific treatment procedures which can help prevent further injury which include:
- Immobilisation: By immobilising the leg, either by using a splint or a cast, the leg is secured and therefore further damage is avoided. In most cases, a doctor will provide painkillers or other medication for pain management. The patient may require a splint or cast around the back half of their leg only should there be a lot of swelling
- Reduction: A doctor may need to put bones back into place if they are misaligned. Known as “reduction”, this procedure is typically carried out under anaesthetic. A doctor will then apply a plaster cast to hold the bones in the correct position during the healing process
- Surgery: For more severe fractures, patients may require surgical intervention to realign or fix the broken bones with metal wires which would be removed after 4 to 6 weeks, or plates, screws and/or rods which may be permanently left in place
After the patient has received treatment, follow-up appointments would be organised to ensure the fracture is healing correctly. Typically, these would be scheduled 1 to 2-weeks after being discharged from hospital, and then every couple of months for a year or so afterwards
For advice about how to look after a plaster cast at home, click here to read the NHS guide on broken leg treatment at home and plaster cast aftercare.
For your misdiagnosed leg fracture claim to be valid, you must be able to prove that the error caused you further pain and suffering that could have been avoided. While a misdiagnosis could happen at any point during a tibia fracture assessment, you must sustain avoidable injuries as a result of this negligence to hold a valid claim. If the medical practitioner was able to rectify the error quickly without further complications, you claim for medical negligence compensation would not be valid.
If you were made to suffer from the negligence of a medical professional, there are additional steps you should take to help gather supporting evidence for your claim. According to Citizens Advice, these steps include:
- Take pictures of the accident/cause(s)
- Collect contact details of witnesses
- Seek medical attention and get a medical report
- Discuss your circumstances with a legal adviser/personal injury solicitor
It is reasonable to expect a high standard of treatment and care from a medical professional and we tend to place high levels of trust in the doctor or other practitioner who treats us and all medical professionals have a duty of care towards patients at all times.
If a general practitioner is unable to correctly diagnose a condition for one reason or another, it is their responsibility to refer you to another medical professional or a specialist for a second opinion. Should a GP fail to do this, it could be seen as a breach in their duty of care which could entitle you to seek medical negligence compensation.
A vast majority of hospital staff will be under immense pressure to ensure healthcare they provide meets the level required at all times, especially during busier periods in the Accident and Emergency department. However, regardless of how busy these areas may be, all patients should expect to receive reasonable standards of care no matter how busy it is. If the treatment you received was substandard, it may cause you to suffer unnecessarily.
If your health is made to deteriorate by medical errors which could have been avoided had the correct procedures have been in place, you may be able to file a clinical negligence claim against the responsible party.
You can find more information about hospital negligence in this guide.
The NHS has a direct responsibility to uphold various principles and to provide a high quality of care to patients at all times. The NHS constitution states:
- Those in need are entitled to free and accessible healthcare
- Care provided must be of a professional standard
- Patient confidentiality should be maintained at all times
- Treatments, medicines and other such programmes must be nationally approved
By failing to uphold even one of these principles, the NHS could be held liable for NHS negligence. If you were made to suffer following a breach in the duty of care, click here.
Typically speaking, a claim for medical malpractice will usually have a 3-year personal injury claim time limit which starts from the date of the incident. It should be highlighted that there are certain circumstances which may waiver this time limit. For example, if a tibia fracture is misdiagnosed, the time limit could begin once the condition is successfully diagnosed.
This may also be true for psychological conditions, such as PTSD. On top of this, if the victim was a child when the incident occurred, a claim could be made on their behalf by a parent or guardian. If no claim is made, the child has from their 18th birthday to pursue a medical negligence claim on their own accord which means they have up till they turn twenty one to seek compensation from the party responsible.
Please contact an adviser from our expert team if you require further information about personal injury claims time limits. The sooner you start a claim the less chance there would be of running out of time to seek compensation for a missed tibia fracture.
The table below provides examples of General Damages. These are compensation amounts based on the severity of various injuries, taken from Judicial College Guidelines.
While an online personal injury claims calculator could provide you with a general idea of your potential settlement amount, you could receive a more accurate estimate by speaking with an adviser from our team.
|Leg Injury||The Most Serious||£90,320 to £127,530||Although these injuries do not involve amputation, the courts will award similar levels of damages as they are of the same severity. For example, these could include a severe degloving of the leg, ununited fractures and extensive bone grafting, to name but a few.|
|Leg Injury||Very Serious||£51,460 to £85,600||These types of injuries will cause permanent issues with mobility of the individual in question. Such injuries which may allude to this bracket include multiple fractures, serious deformity and other such harm whereby further surgical intervention is likely.|
|Leg Injury||Serious||£36,790 to £51,460||A serious leg injury will require several precautions in order to aid recovery to a somewhat nuisance level, including non-weight-bearing for a lengthy period, prolonged treatment and other such treatments. A combination of instability, extensive scarring and a near certainty that arthritis will ensue is required to justify an award of this level.|
|Leg Injury||Moderate||£26,050 to £36,790||The extent of treatment undertaken will influence the level of compensation awarded in this bracket. For complicated or multiple fractures (including crushing injuries), there will be a severe impact on employment, muscle, joint movement and stability.|
|Leg Injury||Less Serious||£16,860 to £26,050||An incomplete recovery or serious soft tissue injuries will qualify for this bracket. In such cases, the person in question will make a reasonable recovery but will be left with a metal implant and/or defective gait along with other issues in mobility (E.g. Limp, sensory loss, discomfort, etc.).|
A personal injury lawyer from our panel of experts take on medical negligence claims on a No Win No Fee basis. This agreement sets out the terms in which your legal representative will receive payment for the legal services they provide.
In the event of a successful personal injury claim, an agreed percentage would be deducted from the compensation you are awarded, known as a “Success Fee”. The benefit to using a No Win No Fee medical negligence lawyer is that if your legal representative is unable to secure compensation for you, then you will not be held accountable for their fees.
You can use any of the contact methods below to begin your claim. Our advisers will evaluate the validity of your claim under a free, no-obligation consultation, and advise you on what steps to take next. Contact us today by:
- Telephone: Call us on 0800 652 3087
- Call Back: Fill in a call back form at the top of this page and we’ll contact you
- Online: Click here to begin your online enquiry
- Live Chat: Connect instantly with an online claims adviser via our online chat
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Information and advice from the NHS about broken legs.
Adult Tibial Fracture
Direct admission protocol for adults with isolated tibial fractures.
Tibial Plateau Fractures
Incidence, epidemiology and aetiology of tibial fractures.
NHS Negligence Claims
Advice and information for medical negligence victims seeking to pursue compensation claims.
Missed Ulna Fracture Claims
How to claim compensation for a missed ulna fracture.
How To Claim Compensation For Missed Scapula Fractures
A guide to medical negligence claims for missed scapula fractures.
Article by HH