If you receive the correct medical treatment, then you can expect many broken bones to heal within a short period of time. If, however, you receive a misdiagnosis or your fracture is missed by a medical professional due to their negligent actions, you could be entitled to a missed fracture compensation amount.
Within this guide, we will cover when you could be eligible to make a medical negligence claim for a missed fracture and the different forms of compensation you could be awarded should this claim be a success.
Additionally, we will cover what evidence could help support a missed fracture compensation claim. We will end this guide by looking at how a No Win No Fee solicitor from our panel could help you with claiming compensation.
If, after reading the guide, you have any questions or would like the help of one of our advisors for your claim, you can contact us by:
- Contacting us online.
- Calling us on 0800 408 7827
- Using the chat function at the bottom of the screen
Jump To A Section
- Can I Make A Missed Fracture Claim?
- What Could My Missed Fracture Compensation Amount Be?
- What Evidence Could Help Me Claim A Missed Fracture Compensation Amount?
- What Is The Time Limit When Claiming Missed Fracture Compensation?
- Why Make A Missed Fracture Claim On A No Win No Fee Basis?
- More Resources Related To Medical Negligence Claims
Can I Make A Missed Fracture Claim?
Medical professionals, both through the NHS and privately, owe their patients a duty of care. This duty means that they have to give you the correct standard of care when treating you. If the care you are given falls below the expected standard of care this could cause you to suffer unnecessary harm. Together, this forms the basis of medical negligence.
To be able to make a medical negligence claim, you will need to prove:
- You were owed a duty of care.
- A medical professional breached this duty.
- You suffered unnecessary harm as a result of this.
A misdiagnosis of a fracture or a missed fracture altogether could lead to the fracture worsening and you suffering additional pain and suffering. Some examples of how your fracture could be misdiagnosed due to a healthcare professional’s negligent actions include:
- An X-ray is misread, causing your fracture to be missed.
- A GP misdiagnoses your fracture due to them failing to consider all of your symptoms correctly when you go for an appointment regarding your fracture, causing it to be misdiagnosed as a sprain.
- A doctor does not refer you for an X-ray despite presenting clear symptoms of a fracture, causing it to worsen and cause more pain.
These are just some examples of how a fracture could be missed or misdiagnosed, and your specific circumstances may be different.
Commonly Missed Fractures That Could Result In Compensation
There are various types of fractures that could be missed if a healthcare professional were to act negligently. Some examples could include:
- Finger fractures.
- Wrist fractures.
- Hand fractures.
- A broken bone in your foot.
- Ankle fractures.
You may be entitled to a missed fracture compensation amount if you can prove you suffered unnecessary harm due to a breached duty of care by a medical professional. Contact our advisors today to discuss your specific case.
What Could My Missed Fracture Compensation Amount Be?
You might be able to claim compensation for a missed fracture if you can prove that medical negligence occurred. How much your missed fracture compensation amount will be will depend on the unique circumstances of your case.
Compensation payouts for successful medical negligence claims could consist of two types of damages: general and special damages.
General damages compensate you for the pain and suffering the medical negligence has caused you. However, it is important to note that in the cases of missed fractures, you will only be compensated for the pain and suffering that has been caused due to the fracture being missed and not the original fracture itself.
When your compensation for general damages is being calculated, the Judicial College Guidelines (JCG) could be referred to. The JCG lists guideline compensation brackets for different injuries and illnesses.
We have used some of these guidelines in the table below, apart from the first entry, which does not come from the JCG. Please only use this table for guidance, as how much compensation you could receive for your missed fracture diagnosis will depend on the factors of your case.
Compensation Table
| Injury | Compensation Guideline | Description |
|---|---|---|
| Many Severe Injuries And Further Special Damages - Very Severe | Up to £1,000,000+ | Compensation that accounts for multiple significant injuries and financial losses including loss of earnings and rehabilitation. |
| Fractured skull leading to a Brain Injury - Moderately severe (b) | £267,340 to £344,150 | A disability that is very serious. This might be physical e.g. loss of function of limbs or mental e.g. lack of awareness. Reduced life expectancy. |
| Ankle fracture - severe | £38,210 to £61,090 | Fractures which give rise to disabilities such as difficulty walking on uneven ground. Osteoarthritis is a future risk. |
| Wrist - moderate (b) | £29,900 to £47.810 | Injury resulting in significant disability which is permanent. |
| Elbow - Less Severe Injury | £19,100 to £39,070 | Impairment of function, but not including major surgery or significant disability. |
| Leg - Less Serious (i) | £21,920 to £33,880 | A fracture with incomplete recovery including a metal implant, permanent limp and impaired. mobility |
| Wrist - Less Severe (c) | £15,370 to £29,900 | A wrist injury with some permanent disability but some useful movement remains. |
| Fractured Foot | Up to £16,770 | Simple metatarsal fractures with continuing symptoms such as a permanent limp, pain or aching. |
| Hand injury - moderate | Up to £16,200 | Surgery has failed to fix symptoms and permanent ongoing disability remains. |
| Elbow - Moderate or minor (iii) | Up to £15,370 | Includes simple fractures and lacerations. Recovery after 3 years with nuisance symptoms or requiring surgery. |
| Toe Injuries - Moderate | Up to £11,720 | Straight forward fractures or exacerbation of a pre-existing condition. May require surgery or have ongoing minor symptoms. |
Any financial losses the medical negligence has caused you to experience could be compensated under special damages. These are not applicable to every case but could include:
- Loss of earnings.
- Future loss of earnings.
- The cost of at-home care.
- Home adaptation costs.
- Medical expenses.
- Travel expenses.
You will need to provide evidence to support the items you wish to claim for e.g. pay slips to show your loss of earnings. This is something you can discuss with your medical negligence solicitor, and as they are experts in missed fracture claims, they will be able to tell you what you can claim for and how to prove it. Contact our advisors today to see if you could be eligible to work with one of the solicitors on our panel.
What Evidence Could Help Me Claim A Missed Fracture Compensation Amount?
To help support your chances of making a successful medical negligence claim, you will need to have sufficient evidence that proves you suffered avoidable harm due to the breached duty of care of a medical professional.
Some examples of evidence you could collect include:
- A diary detailing your symptoms.
- A copy of your medical records detailing your diagnosis and treatments.
- X-ray scans.
- Any correspondence with the medical institution where you received your treatment, such as a hospital.
For further advice on the evidence you could gather to support your case, you can contact our team of advisors.
What Is The Time Limit When Claiming Missed Fracture Compensation?
You generally have 3 years to start a medical negligence claim, as set out in the The Limitation Act 1980. This start date runs from when the medical negligence occurred or the date you became aware of it (the date of knowledge).
There are some exceptions to this rule:
- If the claimant is under 18, the time limit is frozen until their 18th birthday, at which point they will have 3 years to start their case.
- If the claimant lacks the mental capacity to manage their case, the time limit is also frozen. It will only start to run again if the person regains this capacity, and they will have three years from that point to start their case.
In both exceptions a litigation friend can claim on the claimant’s behalf whilst the time limit is frozen.
To see whether you have enough time to begin your medical negligence claim, or to learn more about claiming on behalf of someone as a litigation friend, you can contact our advisors.
Why Make A Missed Fracture Claim On A No Win No Fee Basis?
Although you don’t have to, there are various benefits to working with a solicitor for your medical negligence claim. A solicitor experienced in missed fracture compensation claims can help you with gathering evidence, guiding you through the claims process and negotiating a compensation settlement.
Our specialist panel of medical negligence solicitors operate on a No Win No Fee basis by potentially offering you a Conditional Fee Agreement. This type of agreement offers several benefits, including:
- No upfront payments for the work your solicitor does.
- No ongoing fees to pay.
- No payment for their completed services if your claim fails.
- A success fee will be payable to your solicitor if the claim is successful. This is a percentage of your compensation and has legally imposed maximum, which we will agree upon before the claim starts.
To see if one of the solicitors on our panel could help you with claiming a missed fracture compensation amount, you can contact our advisors by:
- Contacting us online.
- Calling us on 0800 408 7827
- Using the chat function at the bottom of the screen
More Resources Related To Medical Negligence Claims
Further medical negligence claims guides by us:
- Information on surgical negligence claims and when you may have a valid case.
- Learn if you could claim for misdiagnosed cancer with this claims guide.
- Guidance on how to sue for a prescription error.
External information:
- Learn about the professional duty of candour doctors should adhere to from the General Medical Council (GMC).
- Here are some annual statistics from the NHS Resolution.
- Check the quality of care of a hospital with the Care Quality Commission (CQC).
To see whether you may be eligible to receive a missed fracture compensation amount, you can contact our advisors.