Fracture Misdiagnosis Claims – How Much Can I Claim?
By Cat Way. Last Updated 22nd November 2023. Welcome to our fracture misdiagnosis compensation claims guide.
When someone suffers a broken bone or a fracture, it is typically easy to diagnose. However, there are cases whereby fractures are missed for one reason or another. This could be because the fracture has not shown up on the X-ray or it could be down to medical negligence.
If you believe the latter is true, you need an experienced personal injury solicitor to secure missed fracture compensation for you. That is what we are here for at Legal Expert. You can reach us on 0800 073 8804. But, before you call, read on to find out everything you need to know regarding these sorts of claims. You can also discuss your claim online.
Select a Section
- Fracture Misdiagnosis Compensation Claim Payouts
- Can You Sue For A Misdiagnosed Fracture?
- How Might A Fracture Be Missed?
- Missed Fracture Compensation Claims – Do I Need Evidence?
- Time Limits For Making A Fracture Misdiagnosis Claim
- No Win No Fee Fracture Misdiagnosis Claims
As discussed, the compensation you can seek in a medical negligence claim is for any damage you have suffered due to the medical provider’s negligence. In a missed fracture claim, the damage could come in the form of:
- The continued pain you may have suffered because of your missed fracture
- Complications with your injury that occurred because of the misdiagnosis
Your compensation will look at the harm and assess it against two heads of claim.
General damages is the first head, which will look at the pain and distress you may have suffered due to the negligence. We have created a table below featuring fracture injuries, and injuries that could arise from untreated fractures, to give you an idea of potential awards for general damages in your claim. The figures shown below come from the 2022 edition of the Judicial College Guidelines and can help you gain a general valuation for your claim.
Injury description Extra notes about the injury Average payout for this sort of injury
Multiple Injuries And Illnesses Plus Special Damages Serious injuries and illnesses compounded with financial losses. Up to £200,000
Amputation of one arm Above-elbow amputation. £109,650 to £130,930
Amputation of one arm Below elbow amputation. £96,160 to £109,650
Less Severe Arm Fractures Such as fractures to the long bones of the upper arm. £19,200 to £39,170
Simple Arm Fractures Fractures to the short bones of the forearm. £6,610 to £19,200
Moderate Arm Injuries Simple fractures. Up to £12,590
Minor Leg Injuries Simple tibia fractures. Up to £11,840
Serious Leg Injuries Compound fractures resulting in lengthy treatment. £39,200 to £54,830
Moderate Leg Injuries Compound fractures and dislocation. £27,760 to £39,200
Less Serious Leg Injuries Fractures that will leave the leg immobile while they heal. £17,960 to £27,760
Special damages is the second head, which will look at the financial impact the harm may have had on you. As part of your missed fracture compensation, you can request compensation for losses such as:
- Loss of earnings: if you had been left unable to work, you may have lost out on income
- Care costs: this can include both treatment costs, and reimbursement costs for anyone who had taken time to take care of you.
- Adaptation costs: for any changes you were had to make to your house to cope with your injury
If you are looking to make a medical negligence claim, please speak to one of our advisers. They can advise you on necessary steps you should take in your missed fracture claim, and even give you an estimate of the compensation you could be awarded in your claim.
If you would like to make a medical negligence claim, you first have to make sure that your case meets the criteria for fracture misdiagnosis claims. This means you have to be able to prove that:
- A medical professional owed you a duty of care.
- They failed to uphold this duty.
- You suffered avoidable harm as a result.
When a medical professional treats you, they owe you a duty of care. This means that the treatment they provide must meet a minimum standard. The duty of care owed to you can vary depending on who is treating you. If a medical professional were to breach their duty of care, this could lead to you suffering harm that could have been avoided, and you may be eligible to make a medical negligence claim.
Read on to learn more about the missed fracture compensation amount that you could potentially receive, or contact our team of advisors to find out if you are eligible to claim.
There are a number of different ways that a healthcare professional could miss a fracture, which could give you grounds to make fracture misdiagnosis compensation claims if you suffered as a result. This includes the following:
- The X-ray not being passed onto the medical team for further action.
- The X-ray results not being interpreted correctly.
- The X-ray is taken from the incorrect angle, meaning the fracture cannot be seen.
- Lack of symptoms, including swelling.
- GP negligence
- Inexperienced doctors.
- Doctors failing to investigate the fracture symptoms further.
In order to claim missed fracture compensation, you need to be able to support your claim with evidence. There are various ways you could do this, the evidence you will need will depend on your specific claim. However, here are a few general examples:
- Medical evidence – For instance, your medical records. You have the legal right to request access to these at any time. Documentation such as X-rays and other test results could be helpful.
- Visual evidence – If a missed fracture gets worse, then the damage may become visible. If so, you could take pictures or videos.
- Witness contact details – You could collect the details of anyone who has witnessed how the missed fracture has affected you or maybe was at a medical appointment with you. A statement can be taken from them at a later date.
To find out more about missed fracture compensation, the amount you could be owed or anything else regarding your claim, get in touch with our advisors today.
What is the misdiagnosis claim time limit? Well, you will usually have three years from the date of knowledge of the misdiagnosis to make a claim. If the misdiagnosis occurred when you were a child, the three-year time limit won’t apply until your 18th birthday.
These rules are legally applied by the Limitation Act 1980. Another circumstance where the three-year limit may be frozen (at least temporarily) is when a victim of misdiagnosis lacks the mental capacity to make their own decisions.
Children and those lacking the mental capacity to act independently can’t start a compensation claim on their own behalf. However, victims in these circumstances could potentially have a claim started on their behalf by a representative known as a litigation friend. This representative could be someone close to the victim, such as a family member or guardian.
When pursuing compensation for the misdiagnosis of a fracture, a No Win No Fee solicitor could gather evidence on your behalf. As they’ll offer you a type of No Win No Fee contract known as a Conditional Fee Agreement, they typically won’t require a payment upfront or whilst the claims process is ongoing.
Additionally, they usually do not require a payment for their services if your claim
does not succeed.
If your claim succeeds and you receive misdiagnosis compensation, your solicitor will take a success fee from your award. However, the percentage your solicitor takes is capped. This cap is outlined in the Conditional Fee Agreements Order 2013.
If you would like to hire one of our expert No Win No Fee solicitors, or have any other questions about fracture misdiagnosis claims, you can contact our advisors. They are available 24/7 and won’t ask you to pay them for their friendly advice. Find out how to get in touch in the section below.
Get In Touch Today
Please call us on 0800 073 8804 to get started. This line is open seven days a week at any time of the day. If you would like to see more ways to get in touch with us, you will find this information on our contact page. We also have a live chat facility on our website, as well as the option to request a free call back.
Useful Links And Resources
- NHS – Broken bone information – This link takes you to the NHS website where you will find information on how to tell whether you have broken a bone. You can then navigate to specific pages on the likes of broken ankles, broken fingers, broken legs, and so on.
- Fracture claims guide – This link takes you to another one of our guides. This guide reveals how much missed fracture compensation you can get for different types of fracture claims.
- Misdiagnosis claims – Read up on general misdiagnosis.
- NHS negligence claims – Find out if you could make a claim.
- Cancer misdiagnosis – More information on this kind of misdiagnosis.
- Blood transfusion compensation clams – Our guide on whether could be owed compensation.
- Hospital infection claims – You may be able to claim.
Thanks for reading our fracture misdiagnosis compensation claims guide.