Whether your fracture is minor or severe, it is important that a medical professional provides you with the necessary standard of care. If an orthopaedist, radiologist, or other healthcare provider failed to meet this standard, causing avoidable harm, you may have grounds to make a misdiagnosis claim for missed fracture compensation. How much compensation you might receive for your specific case of a missed fracture will depend on various factors, from the severity of the harm suffered to the ways that you have been financially impacted.
Key Takeaways
- NHS Resolution recorded a total of 2,229 claims where the primary injury is a fracture between 2019/20 and 2023/24
- Negligent misdiagnosis often occurs due to a failure to recognise clear symptoms of a fracture, misreading test results, or administrative errors resulting in patient record mix-ups
- Compensation payouts can consider the extent of the avoidable harm done to your mental and physical health, such as long-term mobility issues or the effects of malunion
- You could also be compensated for associated out-of-pocket expenses, including physiotherapy, private orthopaedic care, and osteopathy
- Our solicitors work on a No Win No Fee basis, meaning that you could make a missed fracture claim without upfront or ongoing service fees for their representation
You can speak to one of our advisors to find out more about medical negligence claims. They can explain any aspects of the legal process that you are unsure of and explain whether you meet the criteria to make a claim. If you are interested in proceeding, you may be given the chance to work with one of our solicitors. They have already secured more than £80 million in compensation for claimants so far, and one of these dedicated professionals could help you next.
4.8 (466 reviews) How Much Missed Fracture Compensation Can I Claim?
If your case is successful, how much missed fracture compensation you can claim depends on the different ways that you have been physically, psychologically, and financially impacted. When assessing part of the compensation, legal professionals can turn to the Judicial College Guidelines (JCG).
The JCG provides suggested brackets of compensation for different types and severities of harm, including fractures. You can read some of these figures in the table below. Although you may find them useful, it is important to note that these figures are not a guarantee of your compensation payout. This is because all compensation evaluations are based on the claimant’s individual experience. Therefore, general guideline figures cannot reflect your unique circumstances.
Please note that the first figure was not taken from the JCG.
| Type of Injury | Severity | Compensation |
|---|---|---|
| Multiple forms of harm with financial losses (such as occupational therapy, home adjustments and care costs) | Severe | Up to £500,000+ |
| Leg | Severe (i), involving the most serious injuries short of amputation, such as unhealed fractures requiring extensive bone grafting | £117,460 to £165,860 |
| Less serious (i) fractures where an incomplete recovery is made or serious soft tissue injuries | £21,920 to £33,880 | |
| Pelvis & hips | Severe (i) extensive pelvis fractures which could involve a ruptured bladder and low back joint dislocation | £95,680 to £159,770 |
| Ankle | Very severe, examples include transmalleolar fractures and extensive damage to the tissue | £61,090 to £85,070 |
| Foot | Severe, involving fractures of both feet or heels restricting mobility | £51,220 to £85,460 |
| Arm | Injuries resulting in substantial and permanent disablement (affecting one or both forearms) | £47,810 to £73,050 |
| Hand | Severe finger fractures which could lead to partial amputations | Up to £44,840 |
| Toe | Serious, where there are multiple fractures of 2 or more toes | £11,720 to £16,770 |
You may be wondering whether there is a more tailored assessment available to you. Our advisors offer free case assessments to highlight the specific factors of your case that are likely to impact your payout. Contact them today to access this service and raise any questions you have.
What Factors Will Determine The Final Missed Fracture Payout Amount?
The severity of your injuries, prognosis, and level of pain are influential factors that will determine the final missed fracture compensation payout. The JCG figures that were included in the previous section can relate to general damages, which is the head of claim that compensates you for your pain and suffering.
Legal professionals consider the long-term effects of your injuries, such as the need for future medical care. Based on your medical evidence, they can calculate your compensation to reflect how long it will take you to recover and whether you may experience a permanent disability.
In some cases involving missed fractures, relationships and the ability to participate in daily activities may be affected. These factors are also considered when calculating general damages.
Figuring out the different factors for which you can seek compensation is not something that you have to navigate on your own. Get in touch with our advisors today to discuss the ways in which you have been impacted and how the compensation can reflect this.
Can Missed Fracture Compensation Cover Other Losses?
Yes, missed fracture compensation can allow you to recover your financial losses under special damages. It is common to experience financial stress after negligent care, and a missed fracture can lead to various out-of-pocket costs, including:
- Lost income, extending to future reductions in earnings
- Medical bills related to private orthopaedic treatment and prescriptions
- Osteopathy, physiotherapy, or hydrotherapy to restore function and movement
- Travel expenses required to attend your medical appointments
- The cost of specialised equipment such as waterproof covers for casts, wheelchairs, crutches and other mobility aids
- Payments made for care services, as it may no longer be possible for you to perform certain activities without help
- Expenses related to adjusting your home, such as handrails to make it easier to move around your home
In order to add these to your missed fracture claim, you will need to give receipts, bank statements, and payslips. This is because each cost needs to be proven to include them in a medical negligence claim.
Should you have any questions about the different financial losses included in missed fracture compensation, don’t hesitate to contact an advisor.
Can I Make A Claim If My Fracture Was Missed Or Undiagnosed?
Yes, you can make a compensation claim if your fracture was misdiagnosed or undiagnosed due to a medical professional providing substandard care, causing you avoidable harm. It can be difficult to understand the eligibility criteria, so keep reading this section for a more detailed breakdown:
You Were Owed A Duty Of Care As A Patient
When receiving care from any medical professional, including for suspected fractures, you are owed a duty of care. This means orthopaedic specialists, radiologists, and other healthcare providers are legally required to meet a minimum standard in the care they provide patients. There are various bodies that aim to help medical professionals meet this. For instance, the General Medical Council (GMC) provides resources regarding standards for patient care.
You Did Not Receive The Necessary Standard Of Care
The second part of the eligibility criteria concerns proving that the care you received fell below standards. This is referred to as a breach of duty. In cases of missed fractures, this may involve doctors misreading X-ray scans, failing to refer for diagnostic imaging, or dismissing clear symptoms of a break as a more minor sprain or strain.
This Caused You To Suffer Unnecessarily
Finally, you must demonstrate that the breach caused you avoidable harm. This might involve prolonged pain due to not being given a cast, reduced mobility, and psychological harm. Moreover, delays in fracture treatment may mean you require surgery if there is malunion or non-union (a failure of your bone to heal at all).
After reading the criteria, you may still be uncertain as to whether your circumstances meet the criteria for making an undiagnosed fracture claim. Fortunately, you can get the information you need by reaching out to our team of friendly advisors. You may be connected to one of our specialist medical negligence solicitors for expert guidance.
4.8 (466 reviews) How Could A Missed Fracture Be A Result Of Medical Negligence?
A missed fracture could be a result of medical negligence if a medical professional fails to arrange the necessary testing, misreads scans, or mistakenly bases your treatment on another patient’s scan. More specifically, you might be able to claim compensation if:
- You go to your GP with a suspected broken arm, but the doctor performs only a brief, cursory examination. They misdiagnose the break as a sprain and offer no further treatment except for painkillers. Months later, you require delayed broken arm surgery, by which time the bone has begun to heal incorrectly. Your arm function is permanently impaired by the delay resulting from the misdiagnosis, and the mobility loss contributes to your developing depression.
- After having an X-ray of your leg at a hospital, a doctor fails to notice clear signs of a fracture on the scan. They tell you that you have simply strained a muscle and that you can do gentle exercise after 2 weeks. You suffer severe pain and swelling before you get a correct diagnosis and appropriate treatment for the missed fracture.
- A medical professional reviews another patient’s scan results rather than the one conducted for your pelvis. They downplay it as quite minor, insisting that it will heal with rest. You actually have a severe fracture that is causing internal bleeding. This error on the part of the doctor results in you needing emergency surgery for haemorrhagic shock and developing post-traumatic stress disorder (PTSD).
There are many other ways that a fracture can be missed due to negligent care. You may find it helpful to speak with our advisors, as this gives you the chance to discuss your own situation.
What Is The Missed Fracture Compensation Claims Process?
The missed fracture compensation claims process centres on submitting evidence of the avoidable harm that resulted from you receiving substandard care and making sure you meet the legal time limit. In this section, we outline the key aspects of proving your claim and what steps you can take to improve your chances of getting missed fracture compensation.
Get Treatment For Your Fracture
If your fracture has been missed, it is all the more important that you get the right treatment. Depending on the severity of your fracture, you may suffer from the effects of malunion, need repeated imaging scans, intensive physiotherapy, or potentially corrective surgery.
While your physical and psychological wellbeing will always be the priority, getting appropriate medical treatment can also help you if you pursue a claim further down the line. This is because you can request a copy of your medical records to prove the treatment you needed and how your health was affected.
Start Collating Evidence
Where possible, it is a good idea to start gathering evidence of how your fracture was missed and the impact this has had on you. For instance, you could gather:
- Images of visible harm, such as bruising or swelling around the area of the fracture
- Copies of comparison scans between misinterpreted and correctly reviewed X-rays, if applicable to your misdiagnosis experience
- Contact details of any persons who witnessed the negligent care you received for your fracture, including family or medical staff
- Correspondence between you and the healthcare facility involved
Report The Negligent Care
Taking this step can provide further documentation to add to official records, which can serve as valuable evidence if you are able to make a claim. You could:
- Speak with the healthcare facility you attended and ask them about their specific complaints policy
- If informal resolution is not possible, you can make a formal complaint to the service provider
It’s a good idea to keep copies of any written complaints and responses that you receive. While filing a complaint is not a prerequisite to claiming, the findings of any resulting investigation can be used as evidence to strengthen your claim for compensation.
Find The Right Solicitor To Represent You
When you are ready, you may want to start thinking about your legal options. You can get in touch with our advisors to:
- Check whether you have grounds to make a missed fracture compensation claim
- Learn about the claims process and what documentation you may need to provide
- Find out how our solicitors help claimants along each stage of the medical negligence claim
- Get a tailored explanation of how compensation is calculated
- Potentially be connected to one of our solicitors for expert legal representation
There’s no need to wait, as you can enquire with our team at any time. There is no obligation to make a claim after contacting us, so don’t worry if you feel at all uncertain.
Is There A Time Limit To Claiming Missed Fracture Compensation?
Yes, there is a general time limit of 3 years to claiming missed fracture compensation under the Limitation Act 1980. Typically, this limitation period applies from the date on which you received substandard care concerning the missed fracture. However, if you were not aware at the time, the limitation period may begin on the date it became clear to you that you received substandard care. This is referred to as the date of knowledge.
There are also times when an individual is not capable of claiming during this time limit. You can read about instances where the limitation period may be paused or extended in our time limit guide.
How Our Solicitors Can Help You Claim After An Undiagnosed Or Missed Fracture
Our solicitors can help you claim after an undiagnosed or missed fracture by drawing on decades of combined experience to provide clear, expert guidance. When working with them, you can expect their support at every stage of the process. Their excellent services can include:
- Highlighting what evidence you may need, such as X-ray scans and radiology reports, and helping you gather this documentation
- Organising an independent medical assessment to confirm the extent of harm experienced because of a missed or undiagnosed fracture
- Providing you with uncomplicated explanations of legal terms
- Arguing for your missed fracture compensation to reflect the current and future effects of the negligent care, such as corrective surgery or long-term mobility issues
- Putting you in touch with orthopaedic specialists and therapists
Choosing a solicitor to represent you can seem like a lot to consider, but our advisors are happy to explain the benefits in more detail. Chat with them today to see why Legal Expert could be the right fit for you.
Missed Fracture Compensation On A No Win No Fee Basis
At Legal Expert, our solicitors represent claimants pursuing missed fracture compensation on a No Win No Fee basis. You can enter into a type of No Win No Fee arrangement by signing a Conditional Fee Agreement (CFA), which is offered by all of our solicitors. Claimants often find this beneficial, as there is no requirement to pay service fees for your solicitor’s representation at the following stages:
- Before the undiagnosed fracture claim starts
- As your claim progresses
- If missed fracture compensation is not awarded
On the condition that you are compensated, there will be a success fee to pay to your solicitor. This takes the form of a percentage that the legal representative deducts from your compensation. There is a legal cap placed on this percentage, confirming that you will take home the largest share of the compensation.
Contact Us
If you are interested in making a claim on No Win No Fee terms, our advisors are available to offer you further guidance. There is a wealth of information available online when it comes to claiming missed fracture compensation, but speaking directly with our team is the quickest way to get the answers you need. You could be connected with one of our solicitors and find yourself on the road towards getting compensation.
- Make an online enquiry
- Call us on 0800 073 8804
- Use the live chat window that pops up in the corner
Learn More
Read our other medical negligence guides using the links below:
- Learn how to claim for paramedic negligence
- Find out whether you can sue for an ACL tear misdiagnosis
- Visit our guide on unnecessary surgery
External resources:
- Read the NHS information on having a broken wrist or arm
- Find out about fracture assessment from the National Institute for Health and Care Excellence (NICE)
- Check the government’s web page for advice on Statutory Sick Pay (SSP)
We appreciate the time you have taken to read our guide on claiming missed fracture compensation.
