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How To Claim Missed Fracture Compensation After Medical Negligence

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Last Updated 27th March 2026. Bone fractures are incredibly common and often heal fully with the right treatment. However, it is important that fractures are diagnosed in their early stages to prevent misaligned healing, infections, and further pain. If a medical professional failed to give you the correct standard of care, causing you to suffer unnecessarily, you may have a case to claim missed fracture compensation. 

  • 1,796 fracture medical negligence claims were settled against the NHS between 2019/20 and 2023/2024.
  • Various issues can lead to missed fractures, such as failing to arrange X-rays when necessary.
  • Common types of fractures are transverse, oblique, spiral, impacted, and comminuted.
  • Your medical negligence compensation will depend on the severity of issues arising from the missed fracture and any associated financial impact.

Our advisors can assess whether you have valid grounds to make a missed fracture claim and explain what factors will be evaluated as part of any compensation payout. If eligible, they may connect you to a No Win No Fee solicitor from Advice. You could find yourself one step closer to getting the compensation you deserve, so why not enquire?

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Jump To A Section

  1. Can I Make A Missed Fracture Compensation Claim?
  2. What Compensation Can I Get For A Missed Fracture?
  3. How Might A Fracture Be Missed Or Misdiagnosed?
  4. Are There Complications To A Fracture Not Being Diagnosed Correctly?
  5. What Do I Need To Claim Compensation For An Undiagnosed Fracture?
  6. No Win No Fee Missed Fracture Compensation Claims
  7. Learn More

Can I Make A Missed Fracture Compensation Claim?

You can make a missed fracture compensation claim if it can be demonstrated that you were avoidably harmed because a medical professional did not meet the required standard of care. Failure to meet expected standards that cause avoidable harm is considered medical negligence. A missed fracture can worsen significantly before the correct diagnosis is made, leading to permanent disability, so it’s very important for any breaks to be detected and treated as soon as possible.

We have summarised the eligibility requirements for claiming below:

  1. You were owed a duty of care. All medical professionals, including doctors and radiographers, are required to provide patients with the correct standard of care, whether they work in public or private practice. This legally binding obligation is called a duty of care. 
  2. There was a breach of this duty. For missed fractures, misinterpreting X-rays, ignoring clear clinical signs, or failing to refer patients for imaging can all indicate a breach. This means the care you received fell below the expected standards.
  3. Consequently, you experienced avoidable harm. This is required in order to have a valid claim. For example, missed fractures may result in malunion, infection and soft-tissue damage.

Can I Claim Missed Fracture Compensation Against The NHS?

Yes, you can claim missed fracture compensation against the NHS, as the duty of care touched on above applies to both the public and private sectors. NHS Resolution is responsible for paying out compensation, acting somewhat like an insurer on behalf of NHS trusts. This body is responsible for managing medical negligence claims and finding areas where the NHS needs to improve. 

Speak with our enquiries today if you are looking to claim, as they can determine whether you are eligible and may provide you with access to one of our No Win No Fee solicitors.

X-ray of a broken pelvis, with the affected area highlighted in red

What Compensation Can I Get For A Missed Fracture?

The compensation you can get for a missed fracture depends on the unique circumstances of your case. All succesful awards include general damages, the part of the compensation based on someone’s pain and suffering.

Legal professionals have the option to assess these damages by reading the Judicial College Guidelines (JCG). This document outlines compensation guideline brackets for different severities and types of harm. 

We have included some JCG brackets in the table below. Before you read these, you should take note that these do not guarantee the amount of compensation you could receive. These brackets are suggestive, and compensation payouts are assessed on the factors unique to every claim. Finally, keep in mind that the initial figure isn’t from the JCG text. 

Type of HarmSeverityCompensationNotes
Multiple forms of severe harm with associated costsSevereUp to £500,000+Financial impact may be for lost earnings and physiotherapy
LegSevere (i) the most serious injuries which fall short of amputation£117,460 to £165,860This applies if fractures have not united, requiring extensive bone grafting
Pelvis & hipsSevere (i)£95,680 to £159,770Extensive fractures, such as low back joint dislocation with a ruptured bladder
NeckSevere (ii)£80,240 to £159,770Includes serious fractures to cervical spine discs, causing disabilities of considerable severity
AnkleVery severe£61,090 to £85,070Covers transmalleolar fractures where there is extensive damage to the soft tissue, causing deformity
Back Severe (iii)£47,320 to £85,100Fractures of discs or vertebral bodies giving rise to chronic conditions and ongoing severe pain
ArmInjuries resulting in substantial and permanent disablement£47,810 to £73,050Serious fracture of 1 or both forearms, with residual disability that is significant and permanent
ShoulderSerious£15,580 to £23,430Bracket covers a fractured humerus causing restricted shoulder movement
HandFracture of index finger£11,120 to £14,930The fracture mends quickly but grip will still be impaired, and there is pain with heavy use

You may be interested in the free case assessment service that our enquiries team offers. They can offer a more tailored discussion of your situation and see if you have grounds to claim.

Can Missed Fracture Compensation Cover Financial Losses?

Missed fracture compensation can cover any financial losses that result from unnecessary harm, provided that these costs are provable. If you have bank statements or other evidence, you can claim for these losses under special damages, such as:

  • A loss of income, including future earnings
  • The cost of home adaptations (such as handrails and a stairlift)
  • Payments made to a professional carer
  • The expense of private medical treatment
  • The cost of travelling in relation to medical appointments

You can contact our advisors today if you have any questions about calculating compensation. 

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How Might A Fracture Be Missed Or Misdiagnosed?

A fracture might be missed or misdiagnosed because of failures to make appropriate referrals or adequately listen to a patient’s symptoms. This negligent care might include scenarios like the following:

  • Your wrist fracture was missed at a walk-in centre due to a doctor’s failure to organise a follow-up scan because they ignored several of your symptoms. By the time your fracture is diagnosed, you require surgery as the bone has healed in misalignment. 
  • A doctor mixes up your X-ray with that of another patient. Your fracture is misdiagnosed as a sprained leg, and by limiting your movements, the issue will likely heal on its own. After several weeks, the pain becomes worse and the area swells. You have to visit a hospital to get your fracture diagnosed, prolonging the healing process and leaving you with persistent mobility issues.
  • During a traumatic birth, your pelvic bone is broken. Due to inadequate monitoring, your midwife fails to notice this and dismisses your concerns about your pain. You later need surgery to pin the bone in place, as the fracture has healed poorly on its own. 

There are countless other examples that have not been included in our list, so don’t worry if your experience was not covered. Speak to our advisors to discuss the specifics of your case. 

A close-up of a foot in a cast lying on a bed

Are There Complications To A Fracture Not Being Diagnosed Correctly?

There can be complications if a fracture is not diagnosed correctly, potentially causing the bone not to heal or heal improperly due to misalignment. This can lead to:

  • Chronic pain
  • Tenderness and swilling
  • Deformities
  • Impaired mobility and functioning
  • Infections
  • Joint problems
  • Psychological issues

If you have experienced any of these issues due to a misdiagnosis, why not speak with one of our advisors? They are here to listen, and you may be eligible to claim compensation for your pain and suffering. 

What Do I Need To Claim Compensation For An Undiagnosed Fracture?

In order to claim compensation for an undiagnosed fracture, you will need to provide strong evidence and pay careful attention to the time limit. While one of our solicitors will help you keep track of these important steps, we’ve summarised some of the core aspects of the claims process for you here:

  1. Seek Medical Assistance. The moment you realise something is wrong, or you suspect your fracture has been missed, return to your GP or A&E as quickly as you can. This can help prevent further damage or malunion and generate medical records that can be used as evidence.
  2. Collect Supporting Evidence. A key part of seeking compensation for the misdiagnosis of a fracture is proving that medical negligence occurred by gathering evidence. Medical records such as X-rays and other scans, documents showing financial losses, and the contact information of potential witnesses can all be used. 
  3. Report The Incident. While it is not required to make a formal complaint about the standard of care you received to start a claim, doing so has benefits. Going through the complaints procedure not only creates an official record of how your fracture was missed, giving you further evidence for the claim, but it also shows you attempted to resolve the issue with your healthcare provider before beginning legal action.
  4. Record Your Symptoms. A simple diary can provide more personal insight into how you were affected by an undiagnosed fracture. Medical records only give half the picture, so note down the pain you experienced, sleep disturbance, and any impact on your mental health. This can also help distinguish between the pain you experienced due to the original break and the avoidable suffering caused by negligent care.
  5. Get Legal Advice. We provide free legal advice to everyone who gets in touch. Our advisors can also connect you with an expert medical negligence solicitor who can discuss the claims process in further detail and give you a better idea of compensation. 
  6. Pay Attention To The Time Limit. Usually, the medical negligence claim time limit is 3 years, but certain exceptions may apply depending on your circumstances. Get legal advice as soon as possible and consult your solicitor about the time limit to avoid any complications.

To learn more about starting a claim for a misdiagnosed fracture in your particular case, talk to one of our friendly advisors today. 

An arm in a cast resting on a surface

Why Claim For Missed Fractures With Our Solicitors?

When you choose to claim for missed fractures with our solicitors at Advice, you gain access to years of experience and a strong track record of winning for clients. Some of our solicitors have been working in medical negligence cases for more than 30 years, so we know a thing or two about what it takes to build a strong claim.

Claiming compensation for a missed fracture diagnosis can seem intimidating, but we understand the challenges involved. Medical negligence represents more than a breach of standards; it also feels like a breach of trust, and dealing with its impacts while trying to handle a claim by yourself can be very hard. Advice’s expert solicitors do their utmost to support you throughout the process, offering sound legal guidance and helping you complete the technical steps of making a claim so you can prioritise your recovery.

We’ve summarised some of the client-centred services we provide here:

  • Connecting you with trusted physiotherapists and orthopaedic specialists to get you the right level of care.
  • Assisting with evidence collection, including copies of X-ray scans and radiologist reports, to ensure your claim is well supported.
  • Determining a missed fracture compensation amount that reflects not only the physical harm caused, but also your psychological distress and any financial losses.
  • Keeping you informed of how your claim for a missed fracture is progressing.
  • Negotiating a settlement with your healthcare provider’s representatives.
  • Complying with any court-imposed instructions and deadlines, such as for the submission of medical records and other evidence.

To learn more about how our dedicated medical negligence solicitors can help you with misdiagnosed fracture claims, talk to our friendly advisors today.

No Win No Fee Missed Fracture Compensation Claims

Advice can take on all missed fracture compensation claims on a No Win No Fee basis. Simply contact our team, and we’ll provide a free, zero-obligation eligibility check. If you have a valid case, you’ll be connected with a solicitor who specialises in missed fracture claims, who will offer you their services on a No Win No Fee basis.

The type of contract offered by our solicitors is called a Conditional Fee Agreement (CFA) and brings with it a number of benefits, including:

  • No service fee payable when the claim begins or as it progresses.
  • You also won’t owe such a fee if the missed fracture claim is lost.
  • A success fee is taken from the compensation if the claim is won, but this is limited.

The Conditional Fee Agreements Order 2013 states that solicitors may charge a maximum percentage of 25% for their success fee. This means that you, the claimant, have a clear advantage and will receive the bulk of the compensation.

Get In Touch With Advice

You can get in touch with Advice any time, as our advisory team is available 24/7. They will be happy to explain further details about the process of claiming missed fracture compensation. However, there is never any pressure to claim when speaking with us:

A medical negligence solicitor goes over a client's potential missed fracture compensation award

Learn More

Read our other guides on claims relating to medical negligence:

External resources:

Thank you for taking the time to read our guide on missed fracture compensation.

Meet the Team

  • Gemma Shields Specialist in RTAC

    Chartered Legal Executive | Road Traffic Accident Claims Specialist

    Gemma Shields is a CILEx qualified legal professional with over a decade of experience in road traffic accident claims, including pedestrian, cyclist and motorcyclist cases. She provides clear, compassionate legal support to clients across England and Wales.

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