By Stephen Kane. Last Updated 9th January 2024. If you’ve suffered an injury, the last thing you need is a misdiagnosis on top. When we present ourselves at the doctors or hospital with a broken bone, we trust that they will use their expertise and experience to properly assess our problem. If a medical professional’s substandard care causes you further suffering, you could be eligible for missed fracture compensation.
A missed bone fracture diagnosis could result in worsening your original health problem or creating new ones. You may be reading this as someone who has suffered due to an injury caused or exacerbated by a negligent misdiagnosis. This guide could help.
Our advisors are on-hand 24/7 to give no-obligation, free legal advice. They could also connect you with our panel of medical negligence solicitors if you have a favourable missed fracture compensation claim.
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Services And Information
- Eligibility For Missed Fracture Compensation Claims
- How Could A Failure To Diagnose Fractures Occur?
- Missed Fracture Compensation Claims Calculator
- Medical Negligence Claim Time Limits
- I Suffered A Missed Fracture, What Should I Do?
- No Win No Fee Missed Fracture Compensation Claims
Medical professionals owe patients a duty of care. If they provide you with a standard of care that falls below the accepted levels, it would be seen as medical negligence. If you suffer an injury or your suffering is worsened because of this, you could claim.
A fracture that goes undetected can lead to a whole range of other medical problems and in severe cases could result in amputation if infection sets in. The severity of the injury is taken into account when a compensation claim is valued.
In this guide, we look at everything you should know about missed fracture compensation claims. This includes the types of damages that can be calculated and what evidence you may need to support your claim.
However, if you have any questions, why not get in touch with our advisors? They’re available 24/7 for you.
Medical professionals can miss fractures for a number of reasons including:
- Misplaced attention on another area of the body
- Referring to incorrect patient records
- Misinterpretation of symptoms
- Misinterpretation of X-rays
The above might not always be caused by substandard care on the part of the medical professional or healthcare provider. However, if they could’ve been (for example, your symptoms were misinterpreted because a medical professional failed to listen to you about them) and you consequently suffered, you could claim.
There are two potential heads of claim when you make a successful medical negligence claim. These are general damages and special damages.
General damages are compensation for your pain and suffering. Compensation can be calculated by first looking at the findings of your medical assessment and cross-referencing your injuries with those listed in a publication called the Judicial College Guidelines. This publication lists a head to toe range of injury from ‘mild to severe’ and offers potential compensation brackets for each.
They are only suggestions, not guarantees, but they allow your lawyer to consider an award amount for you that is appropriate, fair and consistent with injuries of that kind.
The compensation table below includes figures from the Guidelines, except for the first entry which is an estimated figure for claims involving multiple injuries.
|Multiple Serious Injuries Plus Special Damages
|If you are claiming for multiple serious injuries linked to medical negligence, then you may receive a payout for all of them plus related special damages, such as the cost of home care.
|Up to £500,000+
|Neck injuries usually involving serious fractures that lead to considerably severe disabilities.
|£65,740 to £130,930
|Injuries that may include fractures that lead to chronic conditions and significant disability that is permanent.
|£45,470 to £55,990
|Disc fractures causing chronic conditions.
|£38,780 to £69,730
|Other Arm Injuries
|Injuries Resulting in Permanent and Substantial Disablement
|Serious fractures to one or both forearms. There will be permanent residual disability.
|£39,170 to £59,860
|Injuries to the Elbow
|Moderate or Minor Injury
|Elbow injuries in this bracket may include simple fractures that do not cause permanent damage.
|Up to £12,590
|Severe Fractures to Fingers
|May lead to partial amputations and issues such as deformity, reduced mechanical function and impairment of grip.
|Up to £36,740
|Severe Leg Injuries
|The Most Serious Injuries Short of Amputation
|Fractures have not united and extensive bone grafting has been undertaken.
|£96,250 to £135,920
|Severe Leg Injuries
|Multiple fractures to a single limb.
|£27,760 to £39,200
|Bilateral ankle fractures causing degeneration of the joints at a young age so that arthrodesis is necessary.
|£50,060 to £69,700
Special damages compensate you for the financial losses associated with your injuries. An undiagnosed fracture could result in numerous financial problems as you attempt to deal with it. With the right proof, you could claim for:
- Work that you missed and lost wages for
- Care costs if needed
- Travel expenses (to and from hospital, for example)
- Forfeited deposits for holidays, special occasions or hobbies you could not attend
- Child care arrangements
- Pet care or gardening
- Physiotherapy the NHS wasn’t able to provide
Compiling these costs can take time. Some expenses may present themselves immediately and others will grow over time.
In order to prove special damages, you should provide evidence such as payslips, bills or invoices.
The medical negligence claims time limit is generally three years from the date of knowledge (when you realised that negligence at least contributed to your suffering). Alternatively, this could be the date that you suffered the injury.
If the person seeking a missed fracture compensation claim is under 18 years of age, that three year period starts from the day of their 18th birthday. Before this, a litigation friend could claim on their behalf.
For those who lack the mental capacity to claim, a litigation friend could do so for them. If the person regains mental capacity, the three-year time limit would begin from the date of recovery (if nobody has already claimed on their behalf).
You could do the following after suffering a missed fracture:
- Firstly, get your injuries attended to by seeking the appropriate medical care
- Complain to the healthcare provider involved if your suffering was caused by medical negligence
- Gather proof of all the out-of-pocket expenses associated with your injuries
- Track and monitor costs that might arise in the future
If you have a valid medical negligence claim, you could also seek free legal advice. Our advisors are available 24/7 to help you with this. What’s more, they could connect you with our panel of solicitors.
If you have valid grounds to make a medical negligence claim for missed fracture compensation, then we recommend you get support from an experienced solicitor. If you speak to our advisors about your claim, then they can review it, and they may then connect you with one of the experienced No Win No Fee medical negligence solicitors on our panel.
Our panel of solicitors can support missed fracture claims under a Conditional Fee Agreement (CFA). If you sign such an agreement, you typically won’t need to pay any upfront or ongoing fees to the solicitor supporting your case for their services. Also, you won’t need to pay your solicitor for the work they have provided if your claim is unsuccessful.
If your claim succeeds, then your solicitor will normally receive what’s known as a success fee. This will be a legally capped percentage of the compensation awarded to you.
For more advice on claiming with a No Win No Fee solicitor, get in touch with our advisors for free today. You can reach our team by:
- Calling us on 0161 696 9685
- Contacting us via our online form.
- Or you can use our 24/7 live chat service.
The below resources could also be of use.
- Claiming compensation for an operation gone wrong
- How to prove medical negligence in a compensation claim
- Walk-in centre medical negligence
- Find out if you could claim for a missed wrist fracture and learn more about the medical negligence claims process.
- For more reading about using NHS services properly, please read here.
- If you want annual report statistics on medical negligence, some are available to read at this link.
- Here you can read a case study covering a £17,500 compensation payout for a fractured tibia injury and how the claim was calculated.