By Marlon Rudy. Last Updated 28th October 2022. In this guide to making missed toe fracture compensation claims, we look at the ways this kind of negligence occurs, and how you could be eligible to claim if you were to suffer harm. Our guide shows how a personal injury lawyer can help you make a medical negligence claim and how a No Win No Fee structure takes any financial pressure off the table.
You may have more questions about your claim which are not covered in the guide. If this is so, please take the time to call our team on 0800 652 3087. An adviser will answer your questions and offer more free legal advice on how to proceed with a medical negligence claim against a responsible party.
Choose A Section:
- A Guide To Missed Toe Fracture Compensation Claims
- What Is A Misdiagnosed Fracture Of The Toe?
- Why May A Fracture Be Misdiagnosed?
- Causes Of Broken Or Fractured Toe Injuries
- Toe Fracture Symptoms
- How Toe Fractures Are Diagnosed And Treated
- Could I Claim Compensation For My Misdiagnosed Toe Fracture?
- Claims For Toe Fractures Misdiagnosed By A GP
- Claims For Toe Fractures Misdiagnosed By A Hospital
- Patients Rights Under NHS Care
- Time Limits To Make A Missed Toe Fracture Compensation Claim
- Missed Toe Fracture Compensation Calculator
- No Win No Fee Claims For Misdiagnosed Toe Fractures
- Begin Your Missed Toe Fracture Claim
- Supporting Resources
This guide covers various ways a misdiagnosed toe fracture may occur such as a missed metatarsal fracture, or a missed phalange fracture. A toe fracture can range in severity from a hairline fracture of the small toe, which will hardly affect you at all, to a compound fracture of the big toe, which could mean you are unable to walk without some form of aid.
We start this guide off by looking at what a misdiagnosed toe fracture is while the following section moves on to look at the ways a fracture is missed, and also how broken toes could occur. We look at the symptoms, diagnosis and treatment of toe fractures and how you could be eligible to claim if your toe fracture was missed due to the negligence of a medical professional. We also cover how a GP or a hospital who makes a mistake, could be deemed to have been negligent in their duty to ensure you were correctly diagnosed and treated. Your rights as an NHS patient are also covered in this part of the guide.
The last part is given over to aspects of the claim itself. We discuss the time limits that could apply to your claim. We provide an idea of the fractured toe compensation you could be awarded with figures taken from the Judicial College Guidelines used by the courts, insurers and solicitors to value injuries. We have also listed damages and losses you could receive as part of your overall settlement if your fractured toe claim for compensation is a success. Lastly, we cover No Win No Fee claims, and explain how this agreement could be the best option for pursuing a claim against a negligent third party.
If you have any questions about the process of making a personal injury claim for clinical negligence, or about specific issues with your own claim, please call our team. One of our claim advisers can answer your questions, and offer essential legal advice on how best to proceed with your fractured toe misdiagnosis claim.
What Is A Misdiagnosed Fracture Of The Toe?
A broken toe can take many forms, as there are three main bones in each toe. This means you could suffer a misdiagnosed tarsal fracture, a misdiagnosed metatarsal fracture, or a misdiagnosed phalange fracture.
When you visit the hospital after an accident, or your GP due to pain in your toe, you are expected to trust in the skills of a medical professional to make the correct diagnosis.
Sometimes mistakes are made, and a fracture may be overlooked. When this happens, it could means that you are not going to receive proper treatment for your injury which could result in it being made that much worse. You may even develop additional complications.
Every medical professional has a duty of care towards a patient (more on this in a later section). When this duty of care is breached, and a patient is caused harm in a way that was avoidable, if it can be proven that negligence took place, a valid claim for medical negligence may exist. If you need some advice about making a negligence claim, speak to our team today.
Why May A Fracture Be Misdiagnosed?
In the case of broken toes and other foot fractures, there are a number of reasons why a medical professional could make a misdiagnosis, and these include:
- A doctor not carrying out the full procedure for inspecting an injury (more on this later in the guide)
- The results of an x-ray or MRI scan is not interpreted properly
- The patient is not exhibiting symptoms that correlate to a fracture, so the examining doctor does not call for additional tests
- At a busy hospital, a patient is not given the due care that is required to make an accurate diagnosis
- A doctor does not receive a report related to an existing condition that could mean the patient is predisposed to sustaining fractures
All these are examples of how a misdiagnosis can occur. In each case, if the injured party can prove that a mistake was made during the diagnosis process, they could be able to make a negligence claim against the responsible party. If you would like to know more about how to proceed with such a claim, please speak to one of our advisers.
Causes Of Broken Or Fractured Toe Injuries
For broken toe injures such as metatarsal fractures, there are two main causes. Firstly trauma, such as in an accident. Secondly stress, repeatedly putting strain on a toe. Some of the ways this can occur are:
- In a road traffic accident
- Due to a slip, trip or fall on private premises, or on a public place
- Sporting accidents
- Overdoing activities such as running or hiking
- Stubbing your toe whilst walking
If you were to be injured due to any of the causes above, and your toe fracture is misdiagnosed, providing you can prove negligence on the part of a medical professional, you may be able to make a claim for any harm you suffered. Our team can tell you more about this, and help you get a claim started.
You may be wondering, ‘what are the signs of a big toe fracture or a broken toe?’. According to the NHS, symptoms that could indicate that you may have suffered a fracture in your toe include:
- Pain or swelling
- Difficulty walking
- The toe looks bent or misshapen
The NHS states that the majority of toe fractures can heal themselves naturally, but if the injury was to your big toe, then your fracture may be serious, and you may need to seek medical help. Additionally, they recommend you visit A&E if:
- Your toe is numb, or
- There was a loud cracking or popping at the time of your injury
We would ask you to consult with a medical professional as soon as you are able for more information about what to do regarding a toe fracture or for treatment that could help your injury.
A toe fracture is one of the commonly missed foot fractures. When a toe fracture is missed, the patient will typically not receive the correct treatment. For example, toe fracture treatment such as:
- Administering painkillers
- Buddy taping, using surgical tape to secure the damaged toe to an undamaged neighbouring toe
- Immobilization, using a quick setting cast
- Surgery to realign the bones of the toe to allow correct healing
Treatment like this can only be administered once the fracture has been diagnosed. If the fracture is missed, you would not receive the necessary treatment which could potentially cause the injury to get worse, or for complications to set in.
Could I Claim Compensation For My Misdiagnosed Toe Fracture?
In order for a personal injury solicitor to successfully process a claim for medical negligence, the claimant will first need to be eligible. There are three key requirements for a claim to be valid.This will revolve around proving that a medical professional failed in their duty of care towards you in some way. A simple definition of a breach the duty of care could be:
- A medical professional was caring for a patient they had a duty of care towards
- The patient was harmed by a negligent act on the part of the medical professional
- The medical professional could have avoided harming the patient had they taken alternative action
The onus is on the injured patient to prove that the duty of care was breached in a way that caused them actual harm. If you need more information about how to go about this, please speak to one of our advisers.
Claims For Toe Fractures Misdiagnosed By A GP
Not all examples of NHS negligence take place in a hospital. Your GP could be the perpetrator of medical malpractice. People who are suffering from a stress fracture to their toe caused by overdoing an exercise such as jogging, will rely on their GP to diagnose their fracture accurately.
Unfortunately, a GP can make a mistake, despite their best intention. If this mistake means a fractured toe is overlooked, you may not receive the necessary treatment. Should this be the case and you can prove the GP lead to you suffering harm in some way, it may be possible for a medical negligence lawyer to process a claim for you. Speak to one of our advisers for more information related to making a claim against your GP.
Claims For Toe Fractures Misdiagnosed By A Hospital
When we visit the hospital after being involved in an accident, we have to trust that the doctors, nurses and other hospital staff will treat us in a professional manner. And although this is generally the case, mistakes can occur from time to time.
When a doctor examines a patient, there is a specific process they are supposed to go through in order to discern whether a fracture exists or not. This process consists of:
- Examining the toe and the forefoot to look for discolouration or disfigurement
- Question the patient about the accident to discern the kind of force the toe was subjected to
- Check the patient’s medical history to see if they have injured the same toe in the past
- Take into consideration any medical condition the patient is suffering from, which could mean they are more likely to suffer fractures
This simple process is used by the doctor to decide whether a fracture is likely, and whether further tests such as an x-ray need to be carried out. When this process fails due to some form of negligence on the part of the examining doctor, it could mean a toe fracture is overlooked entirely causing harm to the patient.
Patients Rights Under NHS Care
The NHS Constitution is a document that outlines the level of service that NHS patients can expect, and also the procedures in place to handle complaints. The constitution provides patients with information regarding their right to make a complaint if they believe they have been the victim of medical negligence.
Furthermore, the constitution describes the official complaints procedure that patients must follow to report a suspected case of negligence. This is the starting point of any negligence claim. Until a response to the complaint has been received, your solicitor will not know whether they would be able to pursue a full claim, and whether you need to prove that negligence took place due to your complaint having been refuted.
Time Limits To Make A Missed Toe Fracture Compensation Claim
There is a personal injury claims time limit that must be respected. The general time limit for claims are as follows:
- If the claimant is over the age of 18, three years from the date the negligence took place, or three years from the date a medical condition is diagnosed that was caused by the negligence of a medical professional
- If the claimant is under the age of 18, three years from the date of the claimant’s 18th birthday which means a medical negligence claim can be filed against a responsible party up until their 21st birthday
In some circumstances, these time limits can differ slightly. If you call our team and explain to one of our advisers what your situation is, they can let you know which time limit would apply in your own case.
Missed Toe Fracture Compensation Calculator
You can use an online personal injury claims calculator to find out how much compensation you may be awarded. You can also use the table below which lists a number of toe related injuries and shows the range of compensation amounts awarded. We created this table based on the Judicial College Guidelines used in courts, by solicitors and insurers to value injuries sustained.
|Total loss of one to all toes. The compensation awarded will depend on how the amputation happened, whether it was traumatic or not, and also whether part of the forefoot was also lost.
|£34,270 to £52,620
|Amputation (big toe)
|The loss of a big toe results in balance problems and also has an effect on the victim’s gait, and may result in a permanent limp.
|In the region of £29,380
|Such as severe crush injuries that could result in one or more toes being amputated in the future. All injuries that fall short of actual amputation but will still have an impact on the victim’s life for some time, with often severe ongoing symptoms.
|£12,900 to £29,770
|Injuries such as crush damage to one big toe, or multiple injuries to multiple toes. The victim would be left with some level of permanent impairment. There may also be significant scarring. Gait may be altered. This also includes injuries that have been partially treated using surgery.
|£9,010 to £12,900
|Relatively simple injuries such as cuts, lacerations, burns, etc. Also minor fractures. At the higher end of the scale would be people who suffer long term symptoms, scarring, or have to undergo surgery as part of their treatment.
|Up to £9,010
If you want a more accurate estimate of the level of compensation you could be awarded, your injuries and claim would need to be assessed and valued. You would need to undergo a medical examination to prove the seriousness of the injury/harm you suffered through medical negligence. For more information about this, please speak to our team.
If your claim is a success, you will receive a settlement that will be made up of two parts which are explained below:
- General damages, to compensate for physical and psychological harm:
- Permanent or long-term disability
- Psychological damage
- Painful treatment or a long recuperation period
- Stress and trauma
- Pain and suffering
- Special damages, to compensate for financial and other losses:
- Lowered work potential in the future
- Loss of current earnings
- Travel costs and other out of pocket expenses
- The cost of care
- Private medical fees
No Win No Fee Claims For Misdiagnosed Toe Fractures
If you use a solicitor who agrees to process your claim under a No Win No Fee agreement, you won’t have to pay the pre-agreed solicitor’s fee until the lawyer has received a compensation payment for you.
There is no need to pay any form of new claims fee, or ongoing fees while the claim is processed. If the claim fails, and you don’t receive any compensation, the lawyer won’t expect to be paid their fee. The only time you pay the solicitor is when you are awarded medical negligence compensation and the ‘success fee’ is taken directly out of the money you receive.
Begin Your Missed Toe Fracture Claim
Do you believe that a doctor missed your toe fracture by mistake? This could mean that you have a valid basis for a negligence claim. You can contact our team on 0800 652 3087. One of our advisers will explain how we can help you proceed with your medical negligence claim against a responsible party.
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Article by MW