Scaphoid Fracture Misdiagnosis Claims

The Scaphoid bone has three parts:

• proximal pole – closest to your thumb
• waist – the curved middle part
• distal pole – closest to your forearm

The majority (around 80%) of Scaphoid fractures occur in the middle (the waist), with the rest occurring at the proximal or distal ends.

Scaphoid fractures are not always clear, even on an x-ray.  Very often, patients present with no obvious injury, deformity, or swelling.  In the days and weeks following scaphoid fracture, the pain may dissipate, and the injury may be confused with a sprain.  More detailed imaging techniques are often required to diagnose a scaphoid injury.

Scaphoid fractures are typically characterised by pain, swelling, and wrist stiffness.

Scaphoid fractures which are not treated immediately may not heal or can be delayed in healing.  As a result, the patient may suffer:

• ongoing instability of the wrist
• loss of wrist mobility
• osteoarthritis (in later life)
• reduced grip strength
• death of the scaphoid bone

With the timely diagnosis and treatment, patients can expect to make a full recovery and suffer little in the away of impaired wrist function or strength.

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

• healthcare professionals owed you a duty of care, and;
• the duty of care was breached (i.e. the standard of care you received fell below an acceptable standard), and;
• breaching the duty of care caused the condition.

Our experienced missed Scaphoid fracture 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 quick recovery.

There is a limitation on medical negligence claims.  You must bring a claim within three years of the injury occurring or from the date that you became aware of the negligent treatment.  In cases involving children, it is 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.

If you have had an undiagnosed scaphoid bone fracture which should have been spotted, contact our medical negligence solicitors immediately to see if you have a valid compensation claim.  It is important not to delay contacting us.

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.

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

The following factors will have an impact on how quickly your missed scaphoid 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 Scaphoid 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 scaphoid 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.