Fracture Misdiagnosis Claims – How Much Compensation Can I Claim?
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 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.
Select a section
- A Complete Guide To Making A Claim For Missed Fracture Compensation
- How Might A Fracture Be Missed?
- What Are The Consequences Of A Missed Fracture?
- Claiming When A Fracture Has Not Been Spotted On An X-ray
- Claiming For Scaphoid Fracture Claims
- What Impacts Your Claim Amount?
- What Can Be Claimed For In Fracture Misdiagnosis Claims?
- How To Make A Fracture Misdiagnosis Claim
- Time Limits For Making A Fracture Misdiagnosis Claim
- Fracture Misdiagnosis Compensation Claims Calculator
- No Win No Fee Fracture Misdiagnosis Claims
- Why You Should Make Your Fracture Misdiagnosis Claim With Us?
- Speak To Legal Expert Today
- Resources And Useful Links
Have you been the victim of a fracture misdiagnosis? Has it caused you suffering as well as pain, and perhaps financial loss in terms of you having to miss work while you go about the process of recovering? If the medical professional that was supposed to be treating you failed to spot the fracture you had sustained or misdiagnosed it as something else, there is a very high chance you will be able to claim compensation. After all, what was once a simple fracture could turn into a life-long problem if it is not treated quickly and properly. In this guide, we will discuss everything you need to know about making these types of claims. This includes information on specific types of claims, for example, scaphoid claims and missed fractures emergency department claims. We will also reveal how much misdiagnosis NHS or private health compensation you could be entitled to, how to make a claim, the reasons why fractures are missed, the type of service we provide and much more.
There are a number of different ways that a healthcare professional could miss a fracture. 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 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.
There are a number of different consequences that can happen if a fracture has not been diagnosed quickly enough. If treatment is not provided in a timely fashion, the fracture may heal in the incorrect position or it may fail to knit together. In the short term, you can experience extra pain. Not only this, but the treatment may become more complex compared to what it would have been if the fracture was spotted straight away.
There are also a number of long-term and serious issues that some people experience due to missed fractures. This includes increased risk of developing osteoarthritis in the impacted area, as well as decreased range of movement. These complications can have an impact on the person’s social life and work life, and when you make fracture misdiagnosis claims, this will be taken into account and reflected in the payout amount.
Can an X-ray miss a fracture? This is a question we often get asked. Yes, an X-ray can miss a fracture, but it does depend on the nature of the fracture. Subtle hairline fractures of little bones, for example, can be difficult to detect. Swelling and bruising can also cloud an X-ray, making it difficult to interpret the image, and there are also parts of the body whereby X-rays do not produce the best images. Nevertheless, there have also been cases whereby a fracture has not been spotted because of negligence on the behalf of the medical professional. If there is no reason why your fracture should have been overlooked, you will have the basis for a claim.
We have helped a lot of people to launch claims when the hospital has missed a fracture of the scaphoid. A scaphoid fracture occurs when there is a break in the little bone in your wrist, on the thumb side. The trouble with these sorts of fractures is that they are very difficult to diagnose, especially as they often do not show up on an X-ray straight after the incident. This is why medical professionals are expected to arrange another X-ray a week or two after you initially saw them. If your doctor has failed to schedule a follow up appointment and you have been injured as a consequence, this could be deemed negligent behaviour and you may have the basis for a private or NHS missed fracture claim.
If the healthcare professional conducts a variety of examinations on your wrist, they may suspect a scaphoid fracture. Some of the common signs include tenderness in the anatomical snuffbox. Another examination/test that your doctor should do is to get you to hyperextend your thumb so that she or he can evaluate the tendons. Your doctor may also get you to extend your wrist with one hand and then they will put pressure on the tuberosity of the scaphoid to see if there is any tenderness. If there is, it is likely that there is some sort of fracture.
These are the sorts of tests you should expect from your doctor. If your healthcare professional has not examined your wrist in this manner, and as a consequence, your scaphoid fracture diagnosis and treatment has been delayed, you will likely have the basis for a claim. This is especially the case as there are a number of issues that can arise if a hospital failed to diagnose a fracture of this nature. This includes increased likelihood of developing osteoarthritis in the joint, reduced range of motion, reduce grip strength, scaphoid delayed union or non-union, and Avascular Necrosis.
There are a number of different factors that impact the amount of compensation you will receive for medical misdiagnosis cases. This includes all of the following:
- Any changes to your lifestyle that have happened because of the misdiagnosis.
- The care and support required.
- Liability acceptance.
- Delay in acknowledgement or rectification.
- Financial loss suffered.
- Any changes to life expectancy.
- Whether it is an on-going illness or not. If not, the recovery time will be considered.
- Overall severity of your misdiagnosis.
- The circumstances surrounding the undiagnosed fracture.
When it comes to fracture misdiagnosis claims, you will be able to secure compensation for a number of different things. Firstly, you can secure compensation for the pain and suffering you experienced. This does not only relate to the physical pain but the psychological impact as well. To determine the payout for this, the medical report on your condition will be used, taking into account how you feel now and the prognosis for the future too. Aside from this, personal injury claims also cover any out-of-pocket expenses you have suffered because of what happened to you. For example, if you have had to take some time off work and you have lost earnings because of this; you can make a claim for this. Other common out-of-pocket costs include travel expenses, the cost of treatment, and the cost of getting someone to look after your children while you recover.
There are a number of things you can do to improve your chances of a successful claim. This includes the following:
- See a doctor (a different doctor to the one that is to blame!) – The first thing you need to do is see a medical professional for your injuries, this is crucial, as the medical report provided by your doctor is what is used to decipher how much compensation you are going to receive. Without it, it is virtually impossible to move a claim.
- Take a photograph of your injuries (if visible)
- Make a note of what happened – It is always a good idea to sit down and make a note of what occurred in as much detail as possible, as you never know what could be important and you may forget some key details later down the line.
- Keep proof of expenses – You will be able to claim for the likes of loss of earnings, but you will need proof.
What is the misdiagnosis claim time limit? Well, you will have three years from date of knowledge of the misdiagnosis to make a claim, if the misdiagnosis occurred when you were a child, you will have until your 21st birthday to make a claim for missed fracture compensation.
You probably want to know how much compensation you may receive if you decide to proceed with making a claim. It is important to stress here that all cases are assessed individually. You may have suffered because of a fracture misdiagnosis yet your injuries may be completely different to someone else’s injuries, even though they have suffered a fracture misdiagnosis too. This is why it is only fair that all claims are handled on a case-by-case basis. Because of this, giving you an exact figure for the payout that you will receive is not possible. Even if you have used a personal injury claims calculator or a specific misdiagnosis compensation calculator, the amount you see on the screen will only ever be a very rough estimate. The best thing to do is look at the average misdiagnosis compensation amounts for cases similar to yours, which is what we are going to take a look at in the table below. This will help you to get a better understanding regarding the sort of payout you may receive.
|Injury description||Extra notes about the injury||Average payout for this sort of injury|
|Moderate Toe Injuries||Very minor fractures.||Up to £8,420|
|Moderate Leg Injuries||Compound fractures and dislocation.||£24,340 to £34,370|
|Moderate Foot Injuries||Such as serious fractures that will leave the foot immobilised until healed.||£12,050 to £21,910|
|Moderate Arm Injuries||Simple fractures.||Up to £11,040|
|Moderate Ankle Injuries||Simple fractures.||£12,050 to £23,310|
|Minor Leg Injuries||Very minor fractures.||Up to £10,380|
|Minor Foot Injuries||Simple fractures and lacerations, which will heal rapidly.||Up to £12,050|
|Less Severe Arm Fractures||Such as fractures to the long bones of the upper arm.||£16,830 to £34,340|
|Less Serious Wrist Injuries||Such as simple fractures that will heal in the short-term but leave the wrist immobile whilst healing.||£11,040 to £21,480|
|Less Serious Leg Injuries||Fractures that will leave the leg immobile while they heal.||£15,750 to £24,340|
|Very Severe Ankle Injuries||Multiple fractures that will result in a permanent loss of some functionality of the ankle.||£43,900 to £61,110|
|Simple Arm Fractures||Fractures to the short bones of the forearm.||£5,810 to £16,830|
|Severe Foot Injuries||Multiple fractures with permanent affect on function and permanent pain.||£36,800 to £61,410|
|Severe Arm Fractures||Multiple fractures that will leave the arm with permanently reduced functionality.||£84,310 to £114,810|
|Serious Wrist Injuries||Compound fractures that will heal in the long-term leaving the wrist immobile until healed.||£21,480 to £34,340|
|Serious Toe Injuries||Multiple fractures of a single toe, or fractures to multiple toes.||£8,420 to £12,050|
|Serious Leg Injuries||Serious or multiple fractures that will leave the leg immobile for the long-term.||£34,370 to £48,080|
|Serious Foot Injuries||Serious fractures, which will leave the foot with permanent damage affecting functionality.||£21,910 to £34,370|
|Serious Arm Fractures||Injuries that involve multiple factures, with long-term reduced functionality of the arm.||£34,340 to £52,490|
If the injury you have sustained has not been featured in the table above, there is no need to fret. You can still make a claim for private hospital or NHS misdiagnosis compensation. For more information regarding the sort of payout you could be looking for, please give us a call. Our contact details can be found towards the end of the guide.
If you have been involved in an accident that was not your fault and you are thinking about making a claim, you may be a little bit worried about how you are going to fund it. Most solicitors are notorious for charging very high fees, and you may not want to invest enormous sums of money in such a service when there is no guarantee that you are going to receive a payout at the end of it. This is an understandable view, but the good news is that there is a way around this, and that is with our 100 per cent No Win, No Fee service.
By choosing to work with a Legal Expert personal injury lawyer, you do not need to make a big upfront payment to begin the process of putting your case together. This is not the only benefit. A No Win, No Fee service means that you only need to pay legal fees if your case is a success. Therefore, if the solicitor in question does not manage to secure compensation for you, you don’t have to worry about paying for the legal expenses out of your own pocket. This is extremely important, as it reduces risk by a huge degree and gives you that much-needed peace of mind.
Here at Legal Expert, our team is made up of No Win, No Fee expert, who provide No Win, No Fee solicitors alone. So, you can be confident that we have the best solution for you. You know that your misdiagnosis solicitors are going to be working hard to secure compensation for you, as they are impacted by the outcome of the case. Not only this, but you can rest assured that we will be honest with you throughout as well. If we do not think your case is strong enough, we will tell you that your chances of securing compensation are slim, and that it’s not worth the hassle.
There are a number of reasons why you should choose our service over the competition. Not only do we provide a No Win, No Fee service, but also you can be confident of an outstanding service when you choose Legal Expert, as we are a company you can trust. This is something you can be sure of as we have been established for many years, and since our introduction, we have made thousands of customers happy with the compensation we have managed to help secure for them. If you are still feeling unsure, all you have to do is look at our website.
We also have a legal helpline and our lines are open seven days a week. So, if you have any queries or are wondering whether you have the basis for a personal injury claim, all you need to do is give us a call and you will be connected with one of our helpful and friendly advisors. They will talk you through the claim process and give you a realistic picture regarding the strength of your case specifically. If they feel you have a strong case, they will then put you in touch with one of our experienced and professional solicitors who will do all in their power to make certain you get the payout you deserve.
If you would like more information about fracture misdiagnosis claims or you are ready to get started with your own claim, all you need to do is give Legal Expert a call for more information. We have years of experience in the industry and we are happy to provide you with free legal advice regarding the status of your case. Please call us on 0800 073 8804 to get started. This line is open seven days a week, from 9.00 a.m. until 9.00 p.m. so you can reach us at a time that is most suitable for you. 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 no our website, as well as the option to request a free call back.
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 compensation you can get for different types of fracture claims.