Missed Fracture Compensation Claims Guide
By Daniel Gregson. Last Updated 19th October 2021. Welcome to our missed fracture claims guide. This is our updated guide to missed fracture compensation claims. You might assume that if you’d fractured a bone somewhere within the body that you would instantly know it. However, you would still usually go to the doctor or the hospital to have this confirmed.
If you are taken into hospital after an accident where you were not sure of your injuries, you could expect that the medical staff would check you for injuries and confirm what injuries you have sustained. But what happens if they miss a fracture?
If you have had a missed fracture or missed fractures, you might be wondering whether you could look into making a missed fracture claim. Within the guide below, we cover many different aspects of making personal injury claims for missed fractures, as well as going through commonly missed fractures, what would happen if you went about your daily life with a missed fracture, such as a missed fracture in the foot, a missed monteggia fracture, or a missed elbow fracture for example.
We’ll also explain how you could make a personal injury claim with a personal injury solicitor for missed fracture compensation. If you need any assistance while reading this missed fracture claims guide, call us anytime on 0800 073 8804. Alternatively, read on to find out all you could need to know about making a missed broken bone claim.
Select A Section
- A Guide To Missed Fracture Compensation Claims
- What Is A Missed Bone Fracture?
- Examples Of Bone Fractures
- What Could Cause A Missed Fracture?
- What Are The Symptoms Of Commonly Missed Fractures?
- How Often Are Fractures Misdiagnosed Or Undiagnosed?
- What Can I Do If The Hospital Missed A Fracture?
- Complications Which Could Be Caused By A Fracture Being Misdiagnosed
- Treating A Break Or Fracture
- NHS Patient Rights
- What Compensation Could I Claim If My Fracture Was Misdiagnosed?
- What Your Compensation For The Misdiagnosis Of A Fracture Could Be Worth
- No Win No Fee Missed Fracture Compensation Claims
- Why Choose Legal Expert To Handle Your Misdiagnosis Claim?
- Contact Us
- References And Related Medical Claims Guides
What are missed fracture compensation claims? When discussing medical negligence, one aspect that could be considered a common occurrence would be the failure to correctly diagnose fractures. Missed fractures or missed broken bones could lead to long-term damage in some cases. This is because in some cases there is only a short window of time for correct diagnosis and treatment to take place in order that proper healing can happen.
Whether you have had missed scaphoid fracture symptoms that have been ignored by a doctor or have suffered one of the most commonly missed fractures with imaging, here at Legal Expert, we aim to provide all the information you could need to claim for missed broken bones. Within the sections below, you’ll find details of different missed broken bone types, from commonly missed ankle fractures to commonly missed pediatric fractures, and information about the type of service our experienced and knowledgeable personal injury solicitors could provide. We hope you find this missed fracture claims guide informative and useful.
What are missed bone fractures? The graph here shows some of the most common fractures to present to hospitals. Any of these fractures could be missed. A missed fracture could be classed as medical negligence. Any healthcare provider has a duty of care towards their patients and if they fail a patient by way of negligence, a claim could be made against them. A missed broken bone could happen for a number of reasons, but it is up to healthcare providers to be able to correctly diagnose and treat you, and if they do not and your broken bone is not spotted, which leads to more pain and suffering for you, or more serious intervention to fix the damage, then you could look into making missed fracture compensation claims.
The human body contains a huge number of different bones, over 200 in fact, and a fracture to those bones could cause anything from minor pain to severe issues, especially when it comes to open fractures, as there could be more of a risk of infection with a missed open fracture.
What is a fracture?
A fracture is a crack or a break to a bone. It could be only partial, or it could be a complete break. The bone has the ability to heal itself, but it could be very important to get the right treatment to allow the bone to be kept in the right position to heal correctly.
Causes of fractures
Fractures could be caused by any number of incidents, from car crashes to falling down, to stress on the area or being struck by something. Basically, anything that puts a certain amount of pressure on a bone could cause it to fracture or break.
Types of fractures
A fracture could be open – where there is an open wound – or closed, where the skin covers the break or fracture. Now, a fracture could also be displaced – where the bone is out of position – or non-displaced where the bone is not out of position.
There are also different descriptions to different types of bone fracture that could include:
- Transverse fracture – A fracture which is right across the bone
- Spiral fracture – The break line is twisted around the bone
- Oblique fracture – A fracture is angled across the bone
- Greenstick fracture – A crack just on one side – these are most commonly seen in children
- Impacted fracture – fragments of the bone are driven together
- Comminuted fracture – Shattered bone into more than 2 pieces
Different fractures have different names. A missed scaphoid fracture would be one that was in the wrist. Now, a missed monteggia fracture would also be in the forearm. As would a missed Colles’ fracture, which would also be one in the forearm. A missed maisonneuve fracture would be one in the fibula. And a missed orbital fracture would be the bone in the eye socket. Missed occult fractures are hidden, and are an example of injuries resulting in missed fracture claims. Others may refer to the part of the body they occur in, such as:
- Navicular fracture
- Metacarpal fracture
- Femoral neck fracture
- Rib fractures
- Elbow fracture
- Patella fracture
- Pelvic fracture
- Fracture in the ankle
- Neck fracture
There are certain ways in which fractures could be missed, whether these are missed fractures at the emergency department or commonly missed pediatric fractures that could be seen in a children’s unit. They could include cases of NHS missed fractures and hospital missed fractures. Whether the reason for your missed fracture claim is listed here or not, we could still be able to assist with your missed broken bone claim.
- A doctor has not recognized the injury you have as a fracture
- The doctor has misinterpreted the imaging. Call us to find out what the most commonly missed fractures with imaging could be – this could include a fracture missed on an MRI or a missed fracture on X-ray.
- A broken bone that was misdiagnosed as some kind of sprain.
- An X-ray that was not carried out correctly – could lead to a missed ankle fracture on Xray or a missed wrist fracture on Xray because, for example, the wrong angle was x rayed.
Common symptoms for missed fractures include swelling, pain, deformity, and immobility. These could present differently depending on where the broken bone is.
- Missed foot fractures could lead to symptoms such as being unable to walk or put your foot down properly.
- Commonly missed fractures to the hand could lead to an inability to make a fist, for example.
- Frequently missed ankle fractures could lead you not to be able to bear weight, for example.
- A missed fracture on the neck of the femur could lead to stiffness, pain and the inability to bear the weight
If your pain and swelling and immobility or deformity fail to respond to rest, if you have been told that you only have a sprain, you could be wise to get a second opinion as to whether you might have suffered missed fracture negligence.
The British Medical Journal revealed in the early 2000s that 80% of the diagnostic errors in the participating emergency departments in their study were because of missed broken bones. The main reasons for the error were failure to perform an X-ray (13%), and that fractures were missed on Xrays (78%).
All medical professionals have a duty of care towards their patients. This means the care they provide must be of the highest standard. If a doctor were to examine you whilst investigating a potential broken bone, then they have a responsibility to get the diagnosis right. If they tell you that you do not have a broken bone when you do, this could lead to your injury becoming worse due to lack of treatment.
In other words, once you leave the hospital, the missed fracture (that may have only been small) could develop into a much more serious injury. This would be an example of medical negligence.
If this were to happen to you, you could make a claim against the practice or hospital the missed fracture incident took place in. Then, an investigation would take place to discover if what you experienced would classify as medical negligence. If it does, then you could be entitled to compensation.
If a broken bone was not diagnosed or treated correctly, it could lead to some complications. Some of these are more serious than others which could lead to a larger missed fracture compensation amount, but all could potentially lead to missed broken bone compensation if negligence were involved:
- DVT – Clots that form within deeper veins within the body. This could be formed because of a broken bone. This could be a life-threatening condition if it is not caught and treated accordingly.
- Compartment syndrome (acute) – This is described as swelling or bleeding within muscles in an enclosed group. It requires quick treatment to avoid muscle damage (permanent) or even an amputation should an infection develop.
- Necrosis (Avascular) – If there is not enough blood supply to the bone, because blood vessels have been damaged because of the fracture, the bone can ‘die’ and this could also destroy surrounding joints.
- Osteomyelitis – This is a bone infection that could be caused by bacteria at the site of the broken bone. It could in extreme cases lead to amputation, especially if gangrene occurs.
- Embolism of fat – If the body releases bone fat particles and they get into the bloodstream, this could restrict the oxygen supply to vital organs.
- If a bone is misaligned during healing, then arthritis, disability or long-term stiffness of a joint could also occur.
There are various ways a fracture could be treated. This means there could be different types of NHS missed fractures and hospital missed fractures. Depending on the location and severity of the break, treatment could range from painkillers, a splint or a plaster cast, to more complex treatments involving plates and pins, which would require surgery.
If you are seeing your GP about an injury, then you have the right to see a competent doctor who can deal with your case. If your GP refers you to someone for a second opinion, you are not allowed to insist on a particular person. But, you could ask not to be referred to someone that you don’t wish to see. If your GP isn’t sure about what your diagnosis is and does not refer you to someone else who could help, and your condition worsens, then it could be found that they are negligent.
If you are visiting accident and emergency because of a potential fracture, you also have rights:
- You should have an immediate assessment
- Then you should be examined and treated, discharged or admitted within 4 hours
- Your treatment should meet government standards of care
- And you have the right to complain
If you have had a missed fracture, this could render your medical provider negligent, whether they have x rayed incorrectly, or missed a clear sign on an x-ray, or failed to x-ray at all. Should you have suffered in this manner and you want to file missed fracture claims, then why not get in contact with us here at Legal Expert, where we could provide you with the assistance you need to make a missed broken bone compensation claim.
What could be awarded for missed fracture compensation claims? If you have suffered a missed broken bone, you could be compensated for the physical suffering and pain you have endured, as well as the toll that this missed fracture has had on your mental health.
But, you could also claim for special damages too, which could include costs such as medical expenses, travel expenses and loss of earnings, as well as care costs if you had to have someone care for you, helping with day to day tasks such as getting dressed etc.
If you’ve incurred a cost directly because of the negligence you’ve faced in your missed fracture claim, you could speak to your personal injury lawyer to see if it would be possible to include it in your claim.
Are you looking for how much of a missed fracture compensation amount you could be looking to receive? If so, the below alternative to a personal injury claims calculator could be useful. We have taken some information from the Judicial College Guidelines (JCG) to give you some potential compensation amounts for commonly missed fractures and commonly missed broken bones.
The JCG is a publication used by legal professionals to help calculate certain parts of your compensation for the misdiagnosis of a fracture.
|Fractured ankle||Fractures Ð less serious disability. You may have difficulty walking on levels that are not even, or trouble standing for a long time||£12,900 - £24,950|
|Colles fracture||Uncomplex||Around £6,970|
|Fractures to fingers||If these lead to amputations (partial) and/or could result in grip impairment or deformity||Up to £34,48|
|Index finger fracture||Quickly mended but grip impaired Ð osteoarthritis could occur||£8,550 to £11,480|
|Fractured Leg||Incomplete recovery, where metal implant has been required and limp remains||£16,860 to £26,050|
|Fractured Leg||Simple fracture to femur. No articular surface damage||£8,550 to £13,210|
|Foot fracture||Permanent deformity, symptoms would continue||£12,900 to £23,460|
|Metatarsal fractures||Simple. Higher end of bracket would result in some continuing symptoms||Up to £12,900|
|Fracture to facial bones||Leaving some permanent deformity||£13,970 to £22,470|
|Displaced nasal fracture||Requiring surgery to correct||£3,710 to £4,790|
|Nasal fracture||Multiple or serious. Leads to permanent damage to airway and/or function of nose and/or deformity||£9,990 to £21,700|
Please do keep in mind we would not be able to fit every broken bone compensation amount here. So, if you want to know more about a specific injury, we could give you that information over the phone. And we can also explain how to claim in further detail.
When making missed fracture compensation claims, a common concern could be how to fund your case. Whether you’ve suffered a missed orbital fracture, a missed patella fracture, a missed metatarsal fracture or a missed open fracture, you may have been required to take time off work in recovery.
This could mean you don’t receive your full wage. And this could put people off claiming for missed broken bone compensation as they may think they would have to find money to give to their medical negligence lawyer before their claim could begin.
However, this is not the case with no win no fee claimants. They do not need money upfront as a no win no fee lawyer doesn’t require payment until missed fracture compensation has been paid out. Your missed broken bone claim could be started quickly and without any money changing hands to start with.
You would agree on the percentage of compensation your lawyer would get beforehand, and once the settlement is through, only then would they receive the percentage you’d agreed on. For more information on No Win No Fee missed fracture claims, do get in touch – we’d be happy to talk you through it in more detail.
Why choose us to handle missed fracture compensation claims? We believe we offer a service that truly puts the most important person – you – first. When it comes to making a missed broken bone compensation claim, we know you could want some or all of the legal jargon broken down into plain English. We could do that for you. Should you want telephone advice on the personal injury claims time limit for your claim, we could help with that too.
If you want to know more about no win no fee we would be only too happy to go over the process with you, and if you want to make a claim we could provide you with an expert solicitor with years of experience to fight your claim for you. Whatever you want, we are listening and we are ready to help. This is your life, and your claim and here at Legal Expert, we keep this in mind at every step of your personal injury claim.
We hope our guide to missed fracture compensation claims has helped you. Whether you had a fracture missed on MRI, or you suffered a missed fractures by the emergency department letting you go without checking you properly, you could find a personal injury lawyer through Legal Expert that has experience in fighting claims just like yours, whether you are claiming for a missed metatarsal fracture, or looking for missed scaphoid fracture compensation.
A personal injury solicitor with experience in making a missed broken bone claim, whether one of the commonly missed broken bones or an uncommon missed fracture on X-ray, could help you in gaining the maximum amount of missed fracture compensation possible for your missed fracture claim.
All you need to do to find out whether you have a claim would be to call our team. Here at Legal Expert, we will do all that we can to listen, reassure, support and advise you – all without obligation to use our service. Although we would be very glad to help you go ahead and take the first step towards claiming missed broken bone compensation, we would never push you into making a claim.
Call 0800 073 8804 and speak to a Legal Expert advisor today and we are sure you will be glad you did.
Here you can find further information related to missed fracture compensation claims,
What are your choices with the NHS – Here is the NHS guide to choices you have as a patient.
Have I broken a bone? – The NHS guide on broken bones.
Information about broken arms and wrists – Here you can see some information on broken arms or wrists.
Was your broken bone caused by a work accident? – If so, this guide could assist.
Broken femur case study – Here is some information regarding a broken femur claim.
Did you break a bone in a scaffolding accident – See this guide for information on claiming.
FAQs Missed Fracture Compensation Claims
How much time do I have to claim for a missed bone fracture?
In the UK there is a general personal injury claims time limit of 3 years. This time limit begins from the point at which you were aware that you had been injured. This could be at the time of an injury or accident taking place or later when you became aware of it. In the case of missed fracture compensation claims, your time limit could begin when you receive a diagnosis informing you of a previously missed fracture.
Could I get an interim payment?
If you have been injured and suffered a serious fracture injury that was not correctly treated you could have suffered for a prolonged time. During this time you may have been unable to work and have suffered financially as a result of this. You may also have had to pay for private medical care, medication or physical therapy. All of this can be expensive and put you under financial pressure.
Does it have to be a serious fracture?
No. You can make a claim for a fracture that doesn’t receive a proper diagnosis regardless of severity.
Do I receive more compensation because the fracture is missed?
Not necessarily. But if it’s a serious fracture, then you could expect to receive a large amount of compensation.
When can I begin to make a claim?
You need a proper medical diagnosis of the injury before you decide to take legal action.
What evidence do I need?
You need to prove clearly that the medical professional didn’t provide a proper diagnosis of your injury.
Does the NHS settle out of court?
Yes; in fact, they settle out of court in the vast majority of cases where there is strong evidence.
What is my chance of winning a medical negligence claim?
With clear evidence supporting you, you should have 50-50 odds of successfully claiming compensation.
Once you have shown that the other party is at fault, such as the NHS (NHS missed fracture clams) or a hospital (hospital missed fracture claims), you could request an interim payment. Interim payments can be requested to cover the costs and losses outlined above.
Checked by Jay