Missed fractures are serious injuries that need to be treated immediately and correctly for a successful prognosis. A fracture misdiagnosis can result in delayed or wrongful treatment that can cause major complications later on. If your fracture went untreated causing you more pain and harm, you may be eligible to file a missed fracture compensation claim.
How Does A Fracture Misdiagnosis Commonly Occur?
A missed fracture/fracture misdiagnosis occurs when a doctor fails to identify a fracture. The smaller the fracture, the higher the risk of it going undiagnosed. Hairline and greenstick fractures are among the most likely types of fractures to be missed and misdiagnosed as a strain or pulled muscle. This can happen for any number of reasons, including:
- Diagnosing the injury as a sprain or strain without further investigation
- Failing to identify the fracture because of the lack of swelling and other visible symptoms
- Misinterpreting an X-ray and other diagnostic tests
- Taking the X-ray from a wrong angle leaving the fracture hidden
- Not presenting the X-ray to the right medical professional on time
All of these can result in delayed treatment, causing the fracture to get worse and reducing the chances of a complete recovery.
Consequences Of A Missed Fracture
There are several different consequences that can result when treatment of a missed fracture is delayed by the NHS. Left untreated, for example, a misdiagnosed broken foot may fail to heal in an incorrect position which can cause several short and long term problems.
In addition to the debilitating persistent pain, a fractured foot that heals wrongly can lead to serious complications such as restricted range of movement, and a higher risk of developing osteoarthritis. This can affect your ability to perform certain actions further impacting your ability to drive, earn an income, or participate in several activities. All of this can have a profound effect on your everyday life. Even if a doctor recommends corrective surgery, it’s likely to be more complicated and take the fracture even longer to heal.
Making A Fracture Misdiagnosis Compensation Claim
A fracture misdiagnosis compensation claim is a type of medical negligence claim. These types of claims for medical negligence are notoriously difficult to win especially without expert legal help. It often requires a certain legal expertise to file a successful medical negligence claim and within the time limit in which a claim must be filed. Many claimants lose out on the compensation that’s legally due to them simply because the ongoing treatments, debilitating pain, and restricted movements make it very difficult to put together the claim within the legal timeline.
Medical negligence solicitors are experts in this area. They understand the legal process and know how to put together a winning fracture misdiagnosis compensation claim against the NHS or a private practice that could get you the maximum compensation for your injury. What’s more, in most cases you don’t have to worry about out of pocket expenses when you have a medical negligence solicitor making your claim on a No Win No Fee basis.
No Win No Fee Missed Fracture Claims
Medical negligence solicitors know all too well the financial stress that many injury victims can experience, in many cases, due to mounting expenses coupled with loss of income from being unable to resume work. To ease this financial burden, most solicitors will offer to file a missed fracture claim,fracture misdiagnosis claim on a No Win No Fee basis, if you have a strong case.
In our case a No Win No Fee agreement means you only pay a fee if your fracture misdiagnosis claim is successful and you are awarded compensation. The fee is calculated as a set percentage of the total amount you receive as compensation and is deducted directly from it. You won’t pay anything if your claim is unsuccessful. This means at no point are you out-of-pocket.
Calculating Missed Fracture Compensation Amounts
As every claim is unique there are a number of different factors taken into consideration when calculating missed fracture compensation amounts. However, there are guidelines published by the Judicial College that solicitors can refer to and which you can find by using our compensation calculator below.
In essence, your solicitor will make sure that you are properly compensated for your pain and suffering (general damages) as well as actual financial losses (special damages) such as loss of income, loss of perks, medical expenses, cost of ongoing care, and cost of assistive devices. The difference between general damages and special damages is explained on this page.
4 Important Things To Do After A Fracture Misdiagnosis
- The first thing to do is to consult with another orthopaedic doctor to get your fracture treated. The sooner you get the correct treatment for your fracture, the better the chances of it healing properly.
- Keep all of your medical records and receipts for any expenses related to medical treatment such as prescription costs. The medical records act as evidence that your fracture was missed/misdiagnosed in the first instance and medical receipts will help in calculating your settlement. Medical expenses are fully compensated if you can prove your claim. This can include the cost of emergency treatments, diagnostic tests, and prescription medication as well as long term physiotherapy.
- Make detailed notes of everything that transpired from the time the fracture occurred to the doctors’/hospital visits. Write down details of what happened at the doctors’ visits, changes in symptoms, and all other minutiae associated with your injuries and treatments. Don’t leave out anything, no matter how trivial you think it is at the time. Every little detail can help when you file a compensation claim.
- Speak to a solicitor as soon as the fracture misdiagnosis is confirmed. A medical negligence solicitor can advise you as to what to do next to protect your legal rights. If you have a strong claim, they may even offer to file a claim on a No Win No Fee basis, which allows you to benefit from their legal expertise without any financial risk.
If you’ve suffered from a missed fracture/fracture misdiagnosis due to medial negligence and would like advice on starting a a fracture misdiagnosis compensation claim then please contact us today to arrange a free consultation with a solicitor.