Misdiagnosed Fracture Claims

A failure to diagnose a fracture is a relatively common type of medical negligence claim, often brought against Accident and Emergency Departments, GPs or paramedics. If a fracture is not diagnosed and treated correctly then this can lead to significant long-term consequences as the fracture may heal incorrectly with associated pain and limitations in movement of the affected body part.
 

A delay in diagnosis of a fracture can also lead to infection, blood clots, increased risk of arthritis and permanent disfigurement. In some instances, a failure to diagnose a fracture can lead to internal injuries such as a punctured lung or paralysis for example, from a missed spine or skull fracture.

Claims for failures in the diagnosis and treatment of fractures can arise from:

• Misdiagnosing an injury as a sprain
• A failure to undertake an x-ray
• A failure to recognise a fracture on an x-ray or other imaging
• An x-ray being incorrectly reported
• Misdiagnosis leading to incorrect treatment

Fractures of the scaphoid (a bone on the wrist) can often be misdiagnosed.

In order to bring a claim, it has to be shown that the care provided was below a reasonable standard and that as a result the outcome has been worse than it would otherwise have been, i.e. that harm has been caused.

Missed Fracture Compensation

The amount of compensation for failures in diagnosing and treating a fracture will depend upon the extent of the injury and ongoing pain and suffering but if there is an impact upon a person’s ability to work, then lost earnings can be claimed as well as sums for pain and suffering and other financial losses.

If you or a family member has suffered as a result of a missed fracture, we can support you through the process of bringing a claim for compensation. Please contact us to discuss how we can help.

Your claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner.  We are very experienced in overcoming difficult medical and legal arguments that can arise in these types of cases, for example surrounding whether earlier treatment would have made a difference to the ultimate outcome. We work with leading experts in various areas including A&E practitioners and orthopaedic surgeons in order to assess the strength of a claim.

We then work with further experts to consider a client’s long term needs and the full amount of compensation required.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

How long do I have to bring a missed fracture claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period. 

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later). 

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

Where a claim relates to someone’s death, the claim should be started at Court within three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, witness statements, and expert evidence to prove that your condition was worsened by medical negligence. 

We also calculate the amount of compensation that can be claimed.  Typically this involves instructing experienced experts to advise on the additional needs which you now have because of the negligence, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer. 

In some cases settlement is agreed at an early stage.  In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read Our Guide to Making a Claim.

 

Will the case be decided by the Court?

Probably not.  The vast majority of medical negligence claims are not decided by the Court.  Successful claims are usually resolved through agreement of a settlement either before or during Court proceedings. Occasionally, the Court will decide a case, if it cannot be resolved any other way.

Where the claim is for a child, or for an adult who does not have mental capacity, the Court will be asked to consider and approve the settlement.  This is a safeguard required under the Court rules to ensure that the settlement is in the best interests of the injured person.

 

How is the amount of compensation decided?

We will tailor the compensation claimed to meet  your needs. 

The first step is to consider how the deterioration in your medical condition has affected your life and whether that will change in the future.   We then calculate the amount of funds required to meet your additional needs and compensate you.  Depending upon your circumstances, this may include funds for:

• Private care
• Private therapies and medical care
• Specialist equipment and vehicles
• Adapted accommodation
• Support with education and work (if that is possible for you)
• Compensation for loss of earnings and pension
• Compensation for losses in self-employment

We regularly use leading experts and barristers to assist in identifying all aspects of an injured person’s needs.

Where someone has died, the compensation primarily relates to compensating the deceased’s dependents for the financial and/or practical support which they would otherwise have received from the deceased.

 

Will it take a long time before the case is concluded?

Medical negligence claims typically involve detailed investigation and expert evidence.  Therefore, they often take several years to resolve.  

Our approach is to seek an admission of liability (i.e. that negligence occurred and caused injury) as early as possible in the process.

When liability is established, the Defendant usually has to pay part of the compensation immediately.  This allows your needs to begin to be met while the work to quantify the full amount of compensation continues.

 

How do I access medical records?

Medical records are usually the starting point for our investigation of a claim.  With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of the records themselves before deciding whether to begin a claim.  Please see our Guide to Accessing Medical Records for further information on how to request records.

 

Can I make a 'no win, no fee' missed fracture claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

Other organisations and resources that may help

• AvMA (Action against Medical Accidents) 
• APIL (Association of Personal Injury Lawyers)