With the correct treatment, many fractured bones can heal within a matter of weeks. However, if a fracture is missed or misdiagnosed as another injury due to medical negligence and is therefore not treated correctly, serious problems can ensue causing avoidable pain and suffering. If your fracture went untreated causing you more pain and suffering, you may be eligible to file a missed fracture compensation claim.
We offer a no-obligation review of any claim so you can ask questions about your options. A specialist will offer free legal advice and could partner you with a medical negligence solicitor if your claim is suitable. Importantly, if your case is taken on, your solicitor will act on a No Win No Fee basis so you won’t pay any of their fees unless you are compensated.
Would you like to talk to us about a missed fracture claim right away? If so, please call us on 0800 6524 881 today. Alternatively, please continue reading to learn more about the claims process.
Table of contents
- How Do Missed Fractures Commonly Occur?
- Am I Eligible To Claim Compensation For A Missed Fracture?
- Commonly Missed Fractures For Which Compensation Could Be Claimed
- How Much Compensation For A Missed Fracture Could I Claim?
- Evidence To Support A Missed Fracture Compensation Claim
- Time Limits For Claiming Missed Fracture Compensation
- Starting A Missed Fracture Compensation Claim
You might think that with all the modern technology in hospitals these days, a fracture being missed or misdiagnosed is unlikely to happen. However, for various reasons such as time pressures on the medical staff, mistakes can still occur. Some of the most common reasons why a fracture might be missed include:
- Fractures diagnosed as sprains or strains.
- X-rays taken from the wrong angle making a fracture difficult to spot.
- Doctors not referring their patient for x-rays.
- Misinterpretation of x-rays.
As we’ll explain during the course of this guide, you could be compensated for any additional suffering that you’ve endured if a fractured bone is misdiagnosed. Of course, if the fracture that was missed was sustained in an accident that was not your fault, we may be able to help you claim against the responsible party separately.
Our team of solicitors can help with missed fracture claims against the NHS or private medical providers. If your case is accepted, it means that your solicitor believes there is a reasonable chance you’ll be compensated. Therefore, before agreeing to take on a medical negligence claim, your solicitor will check whether:
- The treatment offered by a medical professional fell below the standards you could reasonable expect (negligence); and
- As a result of their negligence, a fracture was missed and your condition has been made worse (causation).
To help prove that negligence caused your suffering, your solicitor will use a medical expert to review what happened. If they believe the medical professional that treated you acted differently to how they would have, there may be grounds for a missed fracture claim to proceed.
Some of the most common injuries that lead to missed fracture compensation claims include:
If you have suffered because a fractured bone was missed or misdiagnosed, please contact us to see if we could help you to claim compensation.
When you visit a hospital or a GP surgery following an accident, you have to put your faith in the doctors and nurses that treat you. Usually, that faith is well founded and you’ll receive an excellent level of care. However, sometimes mistakes happen and fractures get missed. Unfortunately, a missed fracture can cause complications such as:
- Unnecessary pain.
- Blood clots.
- Reduced blood supply to the bone if blood vessels are damaged.
- Permanent disability.
- Bone infections (that could lead to gangrene or amputation).
- Swelling or bleeding.
- The need for more complex surgery.
The longer a bone fracture is undiagnosed, the higher the risk of more serious problems in the future.
When calculating how much compensation for a missed fracture a claimant should receive, your solicitor will take into account how your injuries have affected you both physically and mentally (for general damages compensation) and then they’ll look at what financial losses you’ve suffered as a result of the missed fracture (for special damages compensation).
What you could be compensated for will vary depending on how the fracture misdiagnosis has affected you. In general, a settlement could cover:
- Any physical pain caused by the missed fracture.
- Depression, anxiety, PTSD and other mental health complications caused by your injuries.
- Any impact on your hobbies, social life or family life.
- Earnings you lost while injured.
- The cost of private medical care including physiotherapy.
- The time somebody spent caring for you while you were recovering.
- Fuel costs, parking fees and other travel expenses.
- Mobility aids (walking sticks, frames or wheelchairs).
- Future loss of earnings if your injuries will negatively impact your ability to earn in the long term.
- Home or vehicle adaptations if the misdiagnosed fracture causes a permanent disability.
Importantly, you should consider all aspects of your suffering before filing a missed fracture compensation claim as you can only do so once for the injury. If you work with one of our solicitors, they’ll use their experience to try and ensure everything is included so that you don’t miss out on any compensation you might be entitled to.
As every claim is unique there are a number of different factors (as explained in the previous section) 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.
To show exactly how you’ve suffered as a result of your missed fracture you’ll be asked to have a medical assessment during the claims process. Your solicitor will usually book a local appointment for you with an independent medical expert. They’ll read your medical notes, examine you and talk to you to find out how the missed fracture has affected you.
Once your solicitor receives a report from your medical assessment, they’ll be able to work out the level of compensation you might be entitled to.
Whether you claim for a bone fracture misdiagnosis against the NHS or a private medical provider, you will need evidence to substantiate your missed fracture compensation claim. It will need to show how your injuries have affected you and why the defendant was responsible.
The types of evidence that your solicitor might use to support your claim include:
- Medical records. These can be used to show the initial diagnosis by your doctor and also what level of injury was suffered because of the missed fracture.
- A personal statement. Your solicitor will ask you to explain how your injuries have affected you. This might include providing evidence to show how your hobbies and usual activities have been affected by your injuries.
- Complaints. A formal complaint to the NHS won’t result in compensation being awarded but it might help to highlight what went wrong. We’d suggest speaking with your solicitor to find out whether a complaint might be useful as part of your claim.
- Financial records. If you claim for any costs or expenses linked to your injuries, you should provide receipts, invoices or bank statements to prove them.
- Witness statements. Finally, your solicitor might ask friends or family to provide a statement to explain the changes they’ve noticed in you since your fracture was missed.
If your claim is taken on, your solicitor will try to secure as much evidence to support your claim as possible. If you’ve collected any already, please let your advisor know when you call for your free initial consultation.
In the UK, medical negligence claims have a 3-year time limit. For missed fractures, this will usually begin from the date the fracture was eventually diagnosed by a doctor.
As there is quite a lot to do during the claims process, we’d suggest that it’s better to begin as early as possible rather than waiting until the last moment. That will usually make evidence gathering easier and allow your solicitor plenty of time to arrange for medical reports to be obtained.
If you’d like to confirm how long you have to make your claim, please speak to one of our specialists today.
If you have suffered following a misdiagnosed fracture, please call our team on 0800 6524 881 to see if we could help you to claim compensation. One quick call is all it takes to start the ball rolling and to start your free initial consultation.
If the claim is strong enough and a medical negligence solicitor on our team agrees to represent you, they’ll act on a No Win No Fee basis. That means you won’t pay any legal fees whatsoever unless compensation is awarded.
Please use our live chat service to get in touch if you’ve any more questions about making a missed fracture compensation claim.