You may be wondering whether you could receive compensation for the misdiagnosis of a fracture. If so, this guide could help provide you with the relevant information you need about starting a medical negligence claim, including what criteria your case must meet in order to be valid.
Additionally, we will explain what evidence you may need to prove your medical negligence claim. We will also look at the other steps you could take following an incident that has caused you harm, such as seeking free legal advice.
Furthermore, we will share how our panel of solicitors may be able to help you by offering a No Win No Fee service.
However, we understand that you may have specific questions concerning your potential claim. If so, our team of friendly advisors could help you. They are available 24/7 to offer you free legal advice.
Contact us today by:
- Calling on the number at the top of this page.
- Filling out our online contact form.
- Using our live chat feature for an instant response.
Choose A Section
- Can I Receive Compensation For The Misdiagnosis Of A Fracture?
- How Does A Fracture Misdiagnosis Happen?
- Compensation For The Misdiagnosis Of A Fracture – Potential Compensation Examples
- What Evidence Could Help You Make A Medical Negligence Claim?
- Why Use No Win No Fee Solicitors To Make A Medical Negligence Claim?
- Read More To Learn How To Claim For A Misdiagnosis
Can I Receive Compensation For The Misdiagnosis Of A Fracture?
A medical misdiagnosis is when a medically trained professional, public or private, diagnoses you with the incorrect illness or condition. A medical professional can include your GP, a doctor, a nurse or any other medically trained practitioner.
A fracture misdiagnosis is when a medically trained professional misdiagnoses your fracture as something else, such as a severe sprain. If left untreated, a fracture can lead to a permanent deformity due to the bone not healing properly. It can also cause long-term joint problems, and you could potentially develop a severe infection.
However, in order to receive compensation for the misdiagnosis of a fracture, you must prove that the misdiagnosis was due to a medical professional breaching the duty of care they owed you and you were caused avoidable harm as a result. This is known as medical negligence.
As such, if you can prove that medical negligence caused your condition to worsen, you may be able to seek compensation.
Read on to find out what duty of care a medical professional owes you. Alternatively, to find out whether you are eligible to make a medical misdiagnosis claim, contact our team of advisors on the number above.
How Does A Fracture Misdiagnosis Happen?
All medically trained professionals must provide their patients with the correct standard of care. In some cases, a medical professional might fail to do so leading to a fracture being misdiagnosed.
However, not all instances of a misdiagnosed fracture will form the basis of a valid claim. For example, the medical professional treating you may have provided you with the correct standard of care but you still experienced avoidable harm. In these cases, you would not be able to claim.
Below, we have provided examples of how a fracture misdiagnosis could occur:
- You go to the hospital with clear symptoms of a fractured ankle. However, the doctor who attends to you ignores your symptoms and doesn’t order for an X-Ray to be performed. As a result, they misdiagnose you with a serious sprain. This leads to your condition worsening as you continue to go about your daily life, causing serious pain and a longer recovery time.
- Your doctor fails to read the X-ray correctly. As a result, they misdiagnosis you with a minor sprain. This causes you ongoing pain and results in permanent deformity as you didn’t receive the correct treatment.
Contact us today for more information on claiming following hospital negligence or negligence that has occurred in another medical setting.
Compensation For The Misdiagnosis Of A Fracture – Potential Payout Examples
If you make a successful claim for compensation for the misdiagnosis of a fracture, you will receive general damages within your settlement.
General damages provide you with compensation for the physical and psychological pain and suffering you have experienced due to the harm sustained caused by medical negligence. You will only receive compensation for the worsening of your condition that the negligence caused, not your original injury. For example, if you had a fracture misdiagnosed which caused complications, you will be awarded compensation for the complications rather than the fracture itself.
In order to assess the value of the general damages portion of your settlement, legal professionals can use various resources to help them. For example, they can use a copy of your medical records stating your initial misdiagnosis and a follow-up diagnosis of your fracture and the treatment you needed.
Additionally, they could use the Judicial College Guidelines (JCG) which contains compensation brackets for different types of harm. We have included these in the table below. However, you should only use these amounts as a guide, as how much you could receive will depend on the specific circumstances of your claim.
| Type Of Harm | Other Notes | Guideline Amount |
|---|---|---|
| Knee Injuries | (a) Severe (ii) - A fracture in the leg that has extended into the knee joint. This causes constant pain, limited movement and agility impairment, and they are at risk of arthroplasty. | £52,120 - £69,730 |
| Foot Injuries | (f) Moderate - Injuries such as a displace fracture of the metatarsal causing continuing symptoms and a risk of future surgery. | £13,740 - £24,990 |
| Shoulder Injuries | (b) Serious - The humerus in the shoulder has been fractured, which causes restricted movement in the shoulder. | £12,770 - £19,200 |
| Other Arm Injuries | (d) The forearm has sustained a simple fracture. | £6,610 - £19,200 |
| Leg Injuries | (c) Less Serious (ii) - The femur has suffered a simple fracture, but it causes no damage to the articular surfaces. | £9,110 - £14,080 |
| Leg Injuries | (c) Less Serious (iii) - Dull aching and other minimal symptoms persist following a simple fracture to the fibula or tibia. | Up to £11,840 |
| Ankle Injuries | (d) Modest - Sprains or minor fractures in the ankle are included in this bracket. The extent of recovery and symptoms such as discomfort and aching will affect how much is awarded. | Up to £13,740 |
| Back Injuries | (c) Minor (i) - This bracket includes a fracture in the back that should fully recover within 2-5 years. | £7,890 - £12,510 |
| Wrist Injuries | (d) This bracket includes cases where the wrist has suffered a fracture than takes longer than a year to recover. | £6,080 - £10,350 |
| Wrist Injuries | (f) Cases included in this bracket include a minor undisplaced wrist fractures that recover within a year after spending a few weeks in plaster. | £3,530 - £4,740 |
Misdiagnosis Claims – What Else Could I Receive?
Within your settlement, you may also receive special damages. Special damages provide you with compensation for the financial losses accrued due to your injuries. For example, if you needed to pay for taxis to the hospital as you were unable to drive, you could claim the travel costs back under special damages.
You will need to provide evidence of these losses, such as invoices, bank statements or receipts.
For more information on compensation for the misdiagnosis of a fracture, get in touch on the number above.
What Evidence Could Help You Make A Medical Negligence Claim?
It is important that you can prove negligence when pursuing a claim for compensation for the misdiagnosis of a fracture. Some types of evidence you could collect to help prove negligence following a misdiagnosis include:
- A copy of your initial misdiagnosis. You could obtain this by asking for a copy of your medical records.
- A copy of your updated medical records, stating your actual injury, the symptoms you suffered, and the treatments needed due to the misdiagnosis.
- Copy of prescriptions.
Additionally, the Bolam test could also help prove negligence. This is when a group of medical professionals trained in a relevant area of medicine are asked to asses whether the correct level of care was given to you. If they find that you were given an unacceptable standard of care, this could help support your medical negligence claim.
For some free legal advice regarding your potential medical negligence claim, call our team of advisors today.
Why Use No Win No Fee Solicitors To Make A Medical Negligence Claim?
A solicitor from our panel can offer a No Win No Fee service called a Conditional Fee Agreement.
Under this arrangement, it is agreed that you will not have to pay your solicitor for their services if your claim fails. However, if it succeeds, you will pay them a legally capped success fee from your compensation.
If you would like more guidance on whether a solicitor from our panel could help you make a claim for compensation for the misdiagnosis of a fracture, contact our team today.
Contact Us Today For A Free Consultation
If you are still unsure whether you could claim compensation for the misdiagnosis of a fracture, you can call us today. Our team of advisors can provide you with free legal advice regarding your medical negligence claim. Additionally, they can answer any other questions you may have about making a claim.
Contact us today by:
- Calling on the number at the top of this page.
- Filling out our online contact form.
- Using our live chat feature for an instant response.
Read More To Learn How To Claim For A Misdiagnosis
For more articles on medical negligence:
- Care home negligence claims
- Birth injury claims
- A breakdown of the hospital negligence claims process
Or, if you’re looking for further resources:
- NHS Resolution – Advice for claimants
- NHS – How do I know if I’ve broken a bone?
- NHS Resolution – Annual Statistics
To find out whether you may be eligible to seek compensation for the misdiagnosis of a fracture, contact us today.
Writer Megan Rowan
Editor Meg Mooney
