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Missed Fracture Compensation Claims | No Win No Fee

By Danielle Jordan. Last Updated 31st August 2023. 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.

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A Guide To Missed Fracture Compensation Claims

missed elbow fracture

missed elbow fracture

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 Is A Missed Bone Fracture?

Graph common fractures 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.

Examples Of Bone Fractures

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

Fracture names

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

What Could Cause A Missed 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.

What Are The Symptoms Of Commonly Missed Fractures?

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.

What Can I Do If The Hospital Missed A Fracture?

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.

Complications Which Could Be Caused By A Fracture Being Misdiagnosed

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.

Evidence That Can Support A Missed Fracture Claim

If you are eligible to make a missed fracture claim, you must gather supporting evidence. It could help prove that a medical professional breached their duty of care and due to this, you suffered avoidable harm.

Some examples of evidence that could be helpful in a medical negligence claim include:

  •  If your fracture was missed on an X-ray, this original scan and any following X-rays could help with proving your fracture was missed and how it worsened.
  • A copy of your medical records stating your injury and required treatment.
  • Correspondence between yourself and the medical institution where you received your treatment.
  • A diary detailing your symptoms, such as any pain, swelling or bruising.
  • Evidence of any financial losses you have suffered. For example, a payslip could help with proving a loss of earnings.

For more information on the evidence you could collect for your fracture misdiagnosis claim, please get in touch with one of the advisors from our team. In addition to free advice, they could assess whether you have valid grounds to seek compensation for medical negligence. If it seems like you do, you could be passed onto one of our No Win No Fee medical negligence solicitors.

How Is A Missed Fracture Compensation Amount Calculated?

When calculating a missed fracture compensation amount, your solicitor will consider the following heads of claim:

  • General damages – awarded for the pain, suffering or loss of amenity inflicted by the medical negligence. A loss of amenity refers to a reduction in your quality of life caused by the unnecessary harm you experienced.
  • Special damages – covers any financial harm or out-of-pocket expenses incurred directly as a result of your missed fracture. They are designed to put you in the financial position you had been in before suffering avoidable harm.

Solicitors use the Judicial College Guidelines when assessing general damages. The 16th edition includes a range of injuries alongside compensation amounts, some of which you can find below. Please only use the figures as guidelines.

Injury Symptoms
Fractures to fingers If these lead to amputations (partial) and/or could result in grip impairment or deformity Up to £36,740
Index finger fracture Quickly mended but grip impaired Ð osteoarthritis could occur £9,110 to £12,240
Fractured Leg Incomplete recovery, where metal implant has been required and limp remains £17,960 to £27,760
Fractured Leg Simple fracture to femur. No articular surface damage £9,110 to £14,080
Fractured ankle Fractures (c) less serious disability. You may have difficulty walking on levels that are not even, or trouble standing for a long time £13,740 to £26,590
Foot fracture Permanent deformity, symptoms would continue £13,740 to £24,990
Metatarsal fractures Simple. Higher end of bracket would result in some continuing symptoms Up to £13,740
Fracture to facial bones Leaving some permanent deformity £14,990 to £23,950
Nasal fracture Multiple or serious. Leads to permanent damage to airway and/or function of nose and/or deformity £10,640 to £23,130
Displaced nasal fracture Requiring surgery to correct £3,950 to £5,100
Colles fracture Uncomplex In the region of £7,430

The figures above do not include what you could be awarded for special damages. That’s because special damages are unique to each claimant. Not every claimant will go through the same financial losses.

Below are examples of special damages that might be included in missed fracture claims:

  • Prescription costs – if you pay for medication to alleviate symptoms of your missed fracture, retain a receipt of your prescription to prove this loss.
  • Loss of earnings – a missed fracture could lead to you taking time off work, especially if your injury worsens. A pay slip can be used as evidence of this loss.
  • Travel expenses – dealing with a missed fracture may result in multiple trips to and from your hospital. Keep hold of any receipt of travel i.e. a train or bus ticket. That way, you can include travel expenses in your claim for special damages.

If you had a missed fracture on an X ray, our specialist medical negligence solicitors can assess your claim to determine its potential value. Get in touch for more information.

No Win No Fee Missed Fracture Compensation Claims

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.

Contact Us To Make A Medical Negligence 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.

References And Related Medical Claims Guides

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.

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.

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      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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