Undiagnosed And Missed Fractures Compensation Claims

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Undiagnosed And Missed Fractures Compensation Claims

It’s not unreasonable to expect the trained medical professionals treating us to provide care that meets the minimum standard. However, there are some cases where a medical professional fails to meet the correct standard and causes you additional or avoidable harm as a result. In these instances, you may be able to seek compensation. This guide will explore the process of making a medical negligence claim for undiagnosed or missed fractures. 

missed fractures

Missed fractures claims guide

In addition, this guide will talk about the responsibilities placed on healthcare professionals, and examples of how they might fail to uphold these causing your fracture to go undiagnosed. 

Furthermore, if you are looking to hire a solicitor to represent your claim, you may find the option of a No Win No Fee agreement beneficial. This allows you to access a solicitor’s services without paying a fee upfront.

If you wish to speak to someone directly, our advisers are available. They offer free legal advice and can answer any questions regarding your potential medical compensation claim. They can be reached by: 

Select A Section 

  1. What Are Missed Fractures? 
  2. Causes Of Missed Fractures 
  3. How Could A Missed Fracture Affect You? 
  4. Do You Have A Missed Fracture Claim? 
  5. Calculating Compensation For Missed Fractures 
  6. Talk To Us Today 

What Are Missed Fractures? 

A fracture is where a bone is completely or partially broken. When the broken bone breaks through the skin, it is termed an open or compound fracture. However, there are many other types of fractures.

A missed fracture occurs when a fracture is not correctly identified, meaning the person is left without a diagnosis or treatment for their injury.

However, it’s important to note that not all instances of missed fractures could constitute someone making a claim. In order to hold a valid medical negligence claim, you must be able to demonstrate that a medical professional failed to meet the correct standard of care. You also must be able to show that you suffered additional harm or harm that could have been avoided.

For example, your doctor may failed to send you for an X-ray despite the symptoms you had present being enough to warrant one. As a result, you may have experienced complications due to receiving delayed treatment of a missed elbow fracture.

If you have experienced a similar form of negligence, you could claim for the pain and suffering you have experienced as a result. Call our advisers for more information on medical negligence claims for missed or undiagnosed fractures. 

How Are Fractures Diagnosed? 

The way in which fractures are diagnosed may depend on the type of fracture you have. However, your doctor may perform an assessment or send you for further tests to correctly diagnose your injury.

If you suspect you have broken a bone, you should seek medical attention from a trained professional.

Causes Of Missed Fractures 

Examples of missed fractures caused by medical negligence include: 

  • A healthcare professional might fail to notice clear symptoms of a finger fracture that a patient has exhibited. As a result, the patient may have been left without a diagnosis causing them to experience complications of the original injury.
  • A doctor failed to read the x-ray correctly, the patient was misdiagnosed with a sprain and received the wrong treatment.
  • A doctor through negligence diagnosed a simple fracture when the injury was much more complex and needed surgery. This led to a misdiagnosis of a fracture.

If a doctor’s negligence resulted in you experiencing harm, then please speak with an adviser for information about whether you could claim for missed fractures.

How Could A Missed Fracture Affect You? 

There are several complications that could arise from not receiving treatment for your fracture. According to the NHS, these could include:

  • Serious infection
  • Deformity of a permanent nature
  • Joint problems of a permanent nature

Additionally, you could experience an impact on your mental health. For instance, you may experience stress or anxiety due to the longer recovery period.

Furthermore, you could experience an affect on your financial situation. For example, if you have needed to take time off work, you may have experienced a loss of earnings.

For more information on claiming for missed fractures, call our team.

Do You Have A Missed Fracture Claim? 

In order to be eligible to make a claim, you need to establish that you were caused harm as a result of medical negligence. You can gather evidence to support your case such as records of the medical diagnosis and treatment you received. This could be in the form of reports from your doctor or the hospital in which you were treated. 

Additionally, you may need to attend a medical appointment to assess the full extent of the harm you sustained. This is often completed by an independent medical professional and can be arranged by a solicitor from our panel as part of the services they offer.

The medical evidence you provide can help legal professionals accurately calculate how much your claim is worth, alongside other resources.

You should also be aware of the medical negligence time limit when starting a claim. For clarification on whether the time limit could affect your eligibility to seek compensation for missed fractures, please reach out to one of our advisers.  

Calculating Compensation For Missed Fractures 

Settlements for missed fractures could comprise general damages which seek to compensate for the pain and suffering the negligence caused. 

Legal professionals, such as solicitors, can use the Judicial College Guidelines to help them accurately calculate the general damages head of claim. The guidelines, published in April 2022, provide bracket compensation amounts relating to different injuries. We have included figures from the most recent edition of the guidelines in the table below. 

Several factors are considered when assessing the value of the harm you sustained, such as the severity and how badly it has impacted your life. As such, you should only use the figures as a guide.

InjuryNotesAward
Very Severe Ankle Injuries (a)Injuries in this bracket might include a transmalleolar ankle fracture alongside soft tissue damage that's extensive.£50,060 to £69,700
Moderate Complex Regional Pain Syndrome: (b)Cases in this bracket include those where the person has experienced a significant impact for a prolonged period but there will be some improvement in the future.£28,030 to £52,500
Severe Neck Injuries: (a) (ii)Injuries in this bracket are often associated with serious fractures or damage to the cervical spine discs leading to disabilities of a considerable severity.£65,740 to £130,930
Severe Neck Injuries: (a) (iii)Injuries that result in fractures, dislocations, severe soft tissue damage or ruptured tendons that cause chronic conditions of a permanent nature.£45,470 to
£55,990
Moderate Back Injuries: (b) (ii)This bracket includes injuries such as ligament and muscle disturbance causing backache and other issues. £12,510 to £27,760
Severe Pelvis Injuries: (a) (i)Injuries include an extensive pelvis fracture that causes a lower back joint dislocation and a ruptured bladder.£78,400 to £130,930
Arm Injuries Resulting In A Permanent And Substantial Disability (b)Where one or both forearms have been seriously fractured.£39,170 to £59,860
Wrist Injuries (a)Where function has been completely lost in the wrist.£47,620 to £59,860
Severe Leg Injury: (b) (i)Injuries in this bracket are the most serious short of amputation, such as an extensive degloving of the leg. £96,250 to £135,920
Foot Injuries (b)Where one foot has been amputated. £83,960 to £109,650

You can also seek compensation for financial losses under special damages. This is the head of claim that can address losses such as: 

  • Loss of income
  • Prescription Costs
  • Adaptation Costs

However, you must provide evidence of these losses.

For more information on how much your medical negligence claim could be worth, get in touch with our team.

Talk To Us Today 

A No Win No Fee solicitor from our panel could represent your claim under a Conditional Fee Agreement. As such, you can avoid paying an upfront fee and ongoing costs as your claim proceeds. Furthermore, if your claim fails, you won’t need to pay for your solicitors services.

If your claim succeeds, a success fee will be deducted from your compensation. The fee, is outlined in more detail in the agreement you sign and is capped by law.

If you would like to work with a solicitor from our panel to make your claim on this basis, our team could provide more information. They can also discuss claims for missed fractures in more detail and answer any questions you might have. You can reach them by: 

Medical Negligence Resources 

We have included some additional resources that you may find helpful below.

We hope our guide on claiming for missed fractures caused by negligence has helped. If you need any other information, please get in touch on the number above.