Failure to diagnose a broken bone is one of the leading causes of complaints about A&E departments and GP surgeries. Our missed fracture solicitors are entirely focused on ensuring you achieve the highest amount of compensation possible. You can rely on our team of specialist medical negligence solicitors to provide you with pragmatic, clear advice on claiming compensation for late diagnosis of a broken bone.
Reasons to bring a claim for a missed fracture
If doctors fail to spot a broken bone and send you home without treatment, serious complications can occur. Osteoarthritis and/or infection can arise. The bone may take longer to heal, fuse incorrectly, or not heal at all. You could wind up with a significantly worse injury than you would have had if the fracture had been identified immediately.
If you are unsure if what happened to you was an act of medical negligence, contact our a missed fracture solicitors who will take the time to listen with empathy and advise if you have a valid claim. Devonshires Claims’ highly experienced ‘No Win – No Fee’ medical negligence experts will support you through the whole process of obtaining compensation if you have a fracture which is negligently misdiagnosed. For more information or to start your free no-obligation case evaluation, contact us 0333 577 9444, email [email protected] or complete our online form.
Read our FAQs
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 – Scaphoid
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**.
For more information on our ‘No Win – No Fee’ agreement, please click here.
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.
Why choose our fracture misdiagnosis solicitors to support your claim?
Although it may seem difficult to believe, broken bones are often diagnosed late or are never diagnosed at all. However, this does not mean the person suffering from an undiagnosed fracture does not feel the pain of their injury. Indeed, many people return multiple times to the hospital or their GP surgery, knowing there is something wrong because they are experiencing ongoing pain. If you have had a bone fracture that has been missed or not diagnosed until long after the break occurred, you may be able to claim compensation.
Our medical negligence claims experts are committed to getting the best results for their clients in a sensitive, caring manner. Our team understand that negligence claims can result in an uncertain time for you and your family. Therefore, we will fight for your compensation, never giving up until the desired outcome is achieved.
For more information on Devonshires Claims’ ‘No Win No Fee’ missed fracture claims service or to start your free no-obligation case evaluation contact us today on 0333 577 9444, email [email protected] or complete our online form.