Can I Make A Missed Fracture Claim?
If a medical professional missed your fracture and this caused you further harm, read this guide to find out if you can start a missed fracture claim.
£85 million in compensation
Can I Make A Missed Fracture Claim?
If a medical professional missed your fracture and this caused you further harm, read this guide to find out if you can start a missed fracture claim.
Missed Fracture Compensation Claims Guide
Fractures can be very painful injuries, often limiting your ability to complete day-to-day tasks. However, if a medical professional missed your fracture, your suffering may become exacerbated, and your recovery may be prolonged. As such, you may be eligible to start a missed fracture claim to receive a compensation payout for your harm and financial losses.
A missed fracture refers to a broken bone that a medical professional failed to diagnose upon the initial assessment of the patient. As this often results in patients suffering avoidable harm, they may be able to start a medical negligence claim. This guide explains how this may be possible with the help of our solicitors and the necessary steps you should take.
Important Points
- If you suffered from a missed fracture, you may be entitled to medical negligence compensation.
- Medical negligence claims enable patients to seek compensation for any unnecessary harm they suffered.
- The compensation you may be awarded depends on the extent of your injuries and financial losses.
- You typically have 3 years to start a medical negligence claim and must obtain evidence to support it.
- Our experienced solicitors may help you claim compensation on a No Win No Fee basis.
If you would like to start a medical negligence claim for a missed fracture with our excellent solicitors, please contact our advisors by:
- Visiting our contact us page
- Calling them on 0151 375 9916
Can I Make A Missed Fracture Claim?
You may be able to make a missed fracture claim if you meet the following eligibility criteria:
- A medical professional owed you a duty of care
- The medical professional committed negligent conduct or omissions, breaching this duty
- This resulted in you suffering from harm that was avoidable or unnecessary
All medical professionals owe their patients a duty of care. As such, they are legally obliged to maintain good medical practice and provide the correct standard of care that is expected of them.
If a medical professional failed to meet this standard and missed your fracture, causing you avoidable harm, you may be eligible to start a medical negligence claim.
Missed Fracture NHS Claims
If a medical professional within the NHS was responsible for your missed fracture, you may be eligible to start a claim against them. You may also report this directly through the NHS complaints procedure. When making a claim, the same eligibility criteria discussed above will apply.
Am I Able To Claim On Behalf Of A Loved One?
You may be able to start a missed fracture claim on behalf of a loved one. However, you must do so as a litigation friend. Here, it would be your responsibility to act in the best interests of your loved one throughout the claims process and make legal decisions on their behalf.
You may act as a litigation friend if your loved one is a minor (under the age of 18) or if they lack mental capacity and cannot independently start a claim themselves.
If you would like to begin a missed fracture claim or you have any questions regarding the claims process, please contact our helpful advisors.
What Compensation Can I Get For An Undiagnosed Fracture?
The amount of compensation you may get for your suffering caused by an undiagnosed fracture depends on the extent of your harm and the financial impact this had on you. As such, your compensation will be calculated under the heads of claim, general damages and special damages.
Under general damages, you may receive compensation for the physical and psychological harm you suffered as a result of your missed fracture. This figure will be determined by a professional team that reviews your independent medical assessor’s report and compensation guidelines listed by the Judicial College (JCG).
The JCG provides an extensive list of injuries, accompanied by their suggested compensation brackets. Although such figures are not guaranteed, they provide a framework for how much compensation you may receive for your harm. The table below provides some examples from it, except for the top figure, so you can see how much you may be awarded for a successful claim.
| Harm | Compensation | Explanation |
|---|---|---|
| Multiple Severe Injuries Causing Significant Financial Losses | Up to £250,000 plus | This award is for multiple injuries that are all severe and cause the claimant to incur financial losses. |
| Severe Back Injuries (i) | £111,150 to £196,450 | This may be awarded if the claimant suffers from a severe spinal cord injury that damages their nerve roots, causing severe pain, disability, incomplete paralysis and impaired bladder, bowel and sexual function. |
| Severe Neck Injuries (i) | Up to £181,202 | This may be awarded if the claimant suffers from incomplete paraplegia or wears a neck collar 24 hours a day and has limited neck movement, resulting in permanent headaches. |
| Severe Leg Injuries (i)The Most Serious Injuries Short of Amputation | £117,460 to £165,860 | This may be awarded for very serious leg injuries that fall short of amputation, such as degloving or shortening of the leg or united leg fractures. |
| Severe Pelvis And Hip Injuries (i) | £95,680 to £159,770 | This may be awarded for very serious fractures to the pelvis, including a dislocated lower back joint or a ruptured bladder. Other factors considered include bladder and bowel function and sexual dysfunction. |
| Very Severe Ankle Injury | £61,090 to £85,070 | This may be awarded for a transmalleolar ankle fracture associated with soft-tissue damage and deformity. Future amputations and bilateral ankle fractures, causing degeneration of the joints at a young age, are also considered. |
| Arm Injuries Causing Permanent and Substantial Disability | £47,810 to £73,050 | This may be awarded for serious fractures to one or both forearms causing significant residual disability, including cosmetic or functional. |
| Severe Shoulder Injuries | £23,430 to £58,610 | This may be awarded to those who suffer from serious shoulder injuries that are associated with neck injuries and damage to the brachial plexus, causing disability. |
| Severe Fractures to Fingers | Up to £44,840 | This may be awarded for partial amputation, deformity, impaired grip and reduced function of the claimant’s fingers. |
| Many Fractures of Facial Bones | £18,180 to £29,220 | Facial fractures that result in permanent deformity. |
Our advisors and solicitors may discuss a more specific compensation figure for the harm you have suffered during the claims process.
Why Should I Make A Missed Fracture Claim?
You should start a missed fracture claim, as you may also receive compensation for any financial losses you incurred as a result of your suffering. If so, this is calculated under the head of claim special damages. The aim of special damages is to put you in the same position financially as you were prior to the unnecessary harm.
Examples of the types of financial losses you may be reimbursed for include:
- Missed wages and work benefits, such as holiday entitlement or bonuses
- Costs towards medical care, such as physiotherapy
- Travel costs to get to and from appointments
- Costs towards childcare, such as a babysitter or nursery
- Costs for home adjustments, such as a stairlift or rails
- Costs towards special equipment, such as walking aids
Although you may be reimbursed for your financial losses, special damages also take into consideration any future losses you may incur. For example, if you suffered lifelong harm, you may be required to pay future medical costs. Therefore, a compensation payout may support you with this.
It is also important to obtain evidence of your financial losses, such as payslips, receipts, bank statements and bills.
For a more accurate understanding of how much compensation you may be awarded, please discuss your claim with our helpful advisors.
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What Are The Signs That A Fracture Has Been Missed?
Some of the most common signs that a fracture has been missed include:
- Pain and discomfort
- Tingling and numbness
- Abnormal bone position
- Difficulty with weight bearing
- Swelling
- Tenderness
- Bruising
If you have a fracture that a medical professional missed and you are suffering from the symptoms listed above, it is useful to visit A&E or your GP to have a second opinion. This is because it is important to receive treatment for a fractured bone at an early stage to prevent future complications.
If you experienced signs of a fracture that was missed, contact our advisors to start a compensation claim with our solicitors.
The Complications Caused By Untreated Fractures
If a fractured bone is missed and consequently untreated, this may result in patients suffering from a variety of complications. It not only affects their physical and mental health, but it also limits their quality of life.
Some of the complications caused by untreated fractures to a patient’s health include:
- Prolonged treatment
- Nerve damage
- Weak bones and limited strength
- Delayed union – prolonged recovery
- Malunion – healing in an abnormal position
- Infections
- Instability
Untreated fractures may also affect a patient’s ability to complete day-to-day tasks, such as:
- Going to work
- Participating in activities and hobbies
- Completing childcare duties
- Going for walks and exercising
- Getting washed and dressed
Depending on the severity of the fracture, patients may suffer both short-term and long-term complications.
If you have suffered from an untreated fracture, you may discuss this with our advisors to determine if you can claim compensation.
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How Might Negligence Lead To Missing A Fracture?
If a medical professional fails to follow good medical practice and misses a patient’s fracture, this may be considered a negligent act. Some examples of how this may occur include:
- Failing to send patients for scans and x-rays.
- Failing to read scans or x-rays correctly.
- Failing to send patients to specialist facilities.
- Failing to review the patient’s symptoms.
- Failing to schedule follow-up appointments.
- Misdiagnosing fractures.
If a medical professional missed your fracture, you may be eligible to claim compensation. So, please discuss this with our friendly advisors.
Are Fractures Commonly Missed Or Undiagnosed?
Although you may think that a fracture would be visible on scans such as X-rays, complex or discrete fractures are sometimes difficult to find. As such, if medical professionals fail to take the correct steps to determine the full extent of a patient’s injuries, fractures may be missed or undiagnosed.
According to the NHS Resolution Thematic Review 2022, between 2015/2016 and 2017/2018, there were 78 successfully closed A&E claims regarding patients who suffered from a missed fracture. Here is a breakdown of the specific fractures that were associated with successful claims:
- Lower limb fractures – 40
- Upper limb fractures – 28
- Thoracic or lumbosacral spine fractures – 6
- Cervical spine fractures – 4
Further, the Thematic Review provided a breakdown of the type of harm the patients suffered as a result of the missed fracture, which you may view below:
- Pain and suffering – 61
- Loss of function – 5
- Additional procedures – 5
- Cosmetic deformity – 3
- Fatality – 2
- Nerve damage – 1
- Prolonged recovery – 1
If you have suffered from a missed or undiagnosed fracture, please do not hesitate to contact our advisors to find out if you are eligible to start a claim.
How Can I Make A Missed Fracture Claim?
The following sections will explain how you may make a missed fracture claim. In doing so, it will explain how long you have to start a claim and how you can support your claim by obtaining evidence.
Time Limits For Missed Fracture Claims
The time limit for starting a missed fracture compensation claim is generally 3 years under the Limitation Act 1980. Depending on the circumstances of your claim, this may commence on either:
- The specific date you suffered from the negligence or;
- The date you gained knowledge of the negligence
However, if the claimant is unable to start a claim within this time frame, the time limit may be placed on hold to give them enough time to recover or make arrangements with a litigation friend to begin one.
The claims time limit may be paused if the claimant:
- Is under the age of 18. Here, the time limit begins on their 18th birthday and ends on their 21st birthday.
- Lacks mental capacity. Here, the time limit is indefinitely paused unless they regain mental capacity.
If the time limit on your claim is paused, our advisors can provide a more detailed explanation of what this means for your claim.
Evidence To Support A Missed Fracture Claim
It is important to obtain evidence to support a missed fracture claim. This helps our solicitors to build a picture of how the medical professional breached their duty of care, resulting in the unnecessary harm you suffered.
Some examples of evidence that may support your claim include:
- Copies of your medical reports that state the harm you suffered
- Copies of the complaints you made regarding the negligent treatment
- Copies of documents from your appointments that show the missed fracture
- Copies of any scans or X-rays you had
- Photographs of the fracture you sustained
- The contact details of any witnesses
Obtaining evidence is crucial if you want to achieve a successful settlement. The more evidence you are able to collect, the more likely it is that our solicitors are able to establish third-party liability. Therefore, they may also help you obtain it if you are struggling to do so.
If you have any questions about the limitation period or obtaining evidence, please contact our advisors, who may provide further advice.
How Can JF Law Help Me Claim For A Missed Fracture?
At JF Law, our professional team of solicitors and advisors are available to help you claim the compensation you deserve for the suffering caused by a missed fracture. Over recent years, our solicitors have undergone extensive training to become specialists in medical negligence claims. As such, they may support you by:
- Walking you through the missed fracture claims process
- Explaining legal medical negligence terminology and documents
- Helping you obtain evidence to support your claim
- Calculating how much compensation you are entitled to
- Helping you apply for interim payments if you have medical costs
- Setting you up with medical appointments, such as physiotherapy
- Negotiating compensation settlements with third parties
- Providing legal support on a No Win No Fee basis
Our solicitors have gained decades of combined experience in supporting their clients throughout the claims process. To illustrate this, they have helped them secure over £80 million in compensation. As they prioritise providing an excellent standard of customer service, they will utilise their legal skills and take the necessary steps to try and help you reach a successful settlement for your suffering.
If you would like to learn more about the benefits of claiming with our solicitors at JF Law, please get in touch with our friendly advisors.
Missed Fracture No Win No Fee Claim
One of the first questions you may ask yourself when claiming compensation for a missed fracture is how much you will need to pay your solicitor. However, at JF Law, they offer their services on a No Win No Fee basis through a Conditional Fee Agreement (CFA). Therefore, you won’t be asked to pay for your solicitor’s services upfront or as the claim is ongoing.
If your missed fracture claim has a positive outcome after signing a CFA, a success fee will be taken from your solicitor. However, this will be deducted from your compensation as a small and legally limited percentage. If your claim does not succeed, your solicitor will not take this.
As such, starting a No Win No Fee missed fracture claim with our solicitors may be the best financial option for you. Our advisors can discuss this in greater detail with you.
Contact Our Medical Negligence Solicitors
If you have any questions regarding the contents of this guide or would like to start a missed fracture claim today, get in touch with our advisors by:
- Visiting our contact us page
- Calling them on 0151 375 9916
Our lines are open 24/7, so please do not hesitate to contact us at your earliest convenience.
Learn More
If you would like to learn more about claiming for a missed fracture or the medical negligence claims process, you may benefit from reading the guides linked below.
- Learn about GP negligence claims
- Read about surgery negligence claims
- Information about NHS compensation payouts
References:
- Find your closest urgent care facility, NHS.UK
- Information about supportive equipment, NHS.UK
- Find out if you are eligible for statutory sick pay, GOV.UK
We appreciate you taking the time to read this guide, which explains how you may be eligible to start a missed fracture claim with our professional medical negligence solicitors.
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