Misdiagnosed Fracture Claims

A fracture is a broken bone.  Fractures can range from a thin crack to a complete break.  Fractures can occur across the bone, through the length of the bone or shatter the bone into many pieces.

Fractures result when the bone is subjected to a force or impact that it cannot support.  For example, if you fall from a height and land on your arm or your ribs are subjected to the force of your seatbelt in a car accident.

A doctor can miss a broken bone for several reasons, including:

• The fractured bone is tiny (eg. the Scaphoid bone) and is misidentified as a strain or pulled muscle
• Your doctor did not investigate your injury properly
• The X-ray was incorrectly taken or examined or not passed on to the right person

All of the above may amount to negligence.  If you suspect the medical care you received was not as good as it should have been, talk to our solicitors about making a compensation claim for your broken bone.

The most common types of a missed fractures occur in the bones around the:

• Hands
• Hands – Scaphoid
• Wrists
• Feet
• Ankles
• Elbows
• Hips
• Knees
• Shoulders

Symptoms of an undiagnosed fracture include ongoing pain and discomfort and weakness in the area where the fracture occurred.  However, you may initially experience no symptoms at all.

To successfully claim compensation for a missed fracture, you must prove:

• there was negligent treatment, and
• that negligent treatment caused the condition.

Our experienced fracture misdiagnosis solicitors will take the time to listen to your experience and advise you as to the likely success of your claim.  We will instruct expert medical practitioners to provide evidence and contact the NHS Trust or private hospital, outlining the details of your claim.  We will make every effort to achieve an early admission of liability in order to obtain interim payments to pay for rehabilitation.  This will help ensure a quicker recovery.

There is a limitation on medical negligence claims.  You must bring a claim within three years of the injury occurring or from your date of knowledge.  In cases involving children, it is generally three years from the age of 18.  The Court has the discretion to extend this time limit but will only do so if there are exceptional circumstances.  So it is important that you do not delay contacting us.

If you have had an undiagnosed broken bone which should have been spotted contact our medical negligence solicitors immediately to see if you have a valid compensation claim.

Devonshires Claims can provide a Conditional Fee Agreement, otherwise known as no win, no fee.  Your medical negligence solicitor will inform you of the structure of a no win, no fee agreement, including the payment of any expenses which will be payable regardless of the case outcome.

If you win your case there will be some deductions from your damages**.

Find more information in our ‘No Win No Fee’ medical negligence claims explainer.

The time taken to complete your claim will depend on many factors, including the seriousness of the broken bone and any resulting ongoing complications.

The following factors will have an impact on how quickly your missed fracture claim will settle:

• the seriousness of the injury
• how much rehabilitation is needed
• whether the defendant NHS Trust or private hospital admit liability (if they do, claims can usually be concluded much faster).

Compensation claims for a missed fracture not only reflect the pain and suffering experienced but also:

• Provide a route to obtaining justice for the ordeal you have been through
• Make failings in healthcare known to the public, thereby putting pressure on the NHS to improve standards
• Get your answers and an apology

The compensation payment will depend on several factors:

• How much pain and suffering you have had to endure
• The impact of the delay and / or negligence on your health and quality of life – including current and future care requirements, medical aids, or other necessary assistance
• Financial loses you have experienced due to your missed fracture – including loss of earnings, medical expenses, travel expenses, and parking costs
• Any future economic losses, e.g. the cost of rehabilitation, future earnings, pensions etc

Compensation for a missed fracture falls into two main categories:

• General compensation (General Damages): this includes compensation for pain and suffering and the impact of the injury on lifestyle and quality of life
• Financial losses and expenses (Special Damages): these include the costs associated with private treatment, care support, travel expenses, other medical expenses, specialist equipment, and loss of income.