Missed fracture claims are when a doctor does not spot your broken bone after an accident. It may only be a minor fracture, but a trained medical professional should not miss it when examining you or on an X-ray or CT scan.
A missed fracture can cause many problems down the line. The leg bone that resets incorrectly will give you pain every time you walk. The missed broken wrist could restrict your grip and the use of your hand. Your mental health will suffer too.
The missed fracture is medical negligence, and it happens because a medical professional is doing their job at below an acceptable standard. The lack of competence by the doctor, nurse or paramedic can cost you in pain, suffering and loss of earnings.
It is medical negligence when you suffer from a missed fracture diagnosis at the hospital or clinic.
You can claim compensation for the medical negligence, and a No Win No Fee medical negligence solicitor will handle the case for you.
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What is a missed fracture claim?
A missed fracture claim is when you sue for medical negligence compensation after a doctor misses your bone fracture.
It is a compensation claim for the damage to your health by the medical negligence of missing your broken bone.
Missed fracture claims involve not diagnosing a broken bone, reading an X-ray incorrectly and even missing the broken bone completely. A missed fracture claim can also involve not reading a CT scan correctly.
The missed fracture claim can come from the misdiagnosis of a fracture as ligament damage or a muscle strain. Not sending you for an X-ray or CT scan when needed is medical negligence and will be part of any missed fracture claim.
A No Win No Fee medical negligence solicitor will handle your compensation claim for a missed fracture and get you the money you deserve for the suffering involved.
How does a missed fracture claim happen?
A missed fracture claim happens because the doctor does not do their job. It is the medical negligence of not treating you correctly and missing the fracture you suffered.
Common reasons behind a missed fracture claim:
Misdiagnosis of a fracture
Misdiagnosis of a fracture happens if the doctors do not follow medical procedures. Every medical professional has a protocol to follow for diagnosing broken bones.
You injure yourself at work and go to the doctor with a sore wrist. The doctor sends you home, telling you it is only a sprain, instead of to the A&E for further treatment.
Later you develop severe pain, and when you go to the A&E, they immediately diagnose a broken wrist.
Doctor not reading an X-ray or CT scan correctly
The doctor not reading an X-ray or CT scan correctly can happen at a busy A&E department.
They do your X-Ray, but the medical staff do not read it correctly. The doctor says you have a muscle sprain and sends you home again.
The missed fracture later becomes very sore, and back at the A&E, they give you the complete medical treatment and diagnose the broken arm.
The X-ray or CT scanner is not set-up properly
The X-ray or CT is not set up properly to take a correct shot of your suspected fracture. It could be that the doctor did not request it properly, or the X-ray technician makes a mistake when taking the scan.
A scan taken at the wrong angle or even of the wrong body part can miss an obvious fracture.
When a doctor missing the fracture
The doctor missing the fracture when examining you happens in the A&E. The busy doctor may only give you a quick examination and, in their haste, miss your broken bone.
A doctor doing their job at a professional level will take their time and order appropriate tests such as an X-ray and not let missed fracture negligence happen.
In these cases, you suffer missed fracture negligence. Instead of the doctors doing their job at a professional level, they are negligent and miss your broken bone.
There are many common claims for missed fracture negligence, and your No Win No Fee solicitor’s experience will guide you to a successful claim for medical negligence.
What are the common missed fracture claims?
The common missed fracture claims cover everything from a missed broken leg bone to a misdiagnosis of a broken rib. Missed fracture negligence can have a serious effect on your health and lifestyle.
Common missed fracture claims are:
A missed Scaphoid fracture claim
The scaphoid is one of the bones of the wrist. It is typically caused by a fall onto the outstretched hand. It may also occur in sport.
Clinical assessment may reveal tenderness at points in the wrist and reduced movement. Conventional x-rays may not reveal a scaphoid fracture; special scaphoid views may be required. Even if the x-ray is normal, if there is tenderness of the wrist so that scaphoid fracture is suspected the injury is treated presumptively as fracture by immobilisation; the patient is recalled for review.
A missed scaphoid fracture may lead to poor healing (mal-union) or to the bone dying from loss of blood supply. Surgery may be required.
A missed fracture may result in persisting pain and reduced movement, deformity and non-union. It may require surgery when eventually diagnosed.
A missed open wound fracture claim
A missed open wound fracture happens when the doctors treat the wound, not the broken bone beneath it. They concentrate on repairing the damage without ordering an X-ray or further treatment.
Missing an open wound fracture can happen after a car crash or other serious accident. It should not happen and is serious medical negligence.
A missed fracture of the hand claim
A missed fracture of the hand can happen due to swelling or the doctor not checking for a broken bone. A slight fracture can be missed but not on a correctly taken and read X-ray or CT scan.
Missed fractures of the hand can cause problems with gripping objects and pain from arthritis in the future.
A missed fracture of the skull claim
A missed fracture of the skull should never happen. Any head injury from sport, a car accident or a fall should be treated with caution from the moment you receive it.
The hospital doctor should order an X-ray or CT scan to rule out damage and any signs of fracture.
To miss a fracture of the skull can cause brain damage and, in some cases, death of the patient.
A missed fracture due to swelling
A missed fracture due to swelling is very common but not acceptable. It may be difficult to get an accurate X-ray of a suspected broken bone, but the doctor should schedule you for one when the swelling recedes.
Swelling around the wound can hide broken bones, but it is also a sure sign that all is not well with the area.
A missed hairline fracture claim
A missed hairline fracture is often the result of a badly read X-ray or an X-ray not calibrated correctly. A hairline fracture is a very slight break of the bone but can be very difficult to heal.
The missed hairline fracture can weaken the bone or joint and cause long-term problems.
Other common missed fracture claims are for:
There are over 200 bones in the human body, and children have more than adults. The slightest fall or accident can break a bone, and not every break is a clean and obvious one.
When you are showing the symptoms of a fracture, the doctor should take care not to miss the injury.
What are the symptoms of a missed fracture?
The symptoms of a missed fracture range from pain and swelling to being unable to move an arm or leg.
A busy radiologist or A&E doctor should be aware of your injury and take every care to deal with a possible break, no matter how slight.
To miss a fracture anywhere in the body will have consequences. Along with the effects on your health, you will also begin to show the tell-tale symptoms of a missed fracture.
Common symptoms of a missed fracture are:
If you suffer one of these symptoms after a fall, accident or from an injury playing sport, the chances are you have a missed fracture.
A missed fracture diagnosis should not happen, and you can bring a compensation claim for medical negligence against the people at fault for it.
Who is at fault for my missed fracture diagnosis?
A medical professional is at fault for your missed fracture diagnosis. Instead of doing the job, they behaved unprofessionally and provided a service below an acceptable standard.
The GP who sent you home instead of referring you to the hospital. A paramedic who does not treat you correctly, an A&E doctor who misreads an X-ray, or a radiologist who does not take one properly.
They are all responsible for your missed fracture diagnosis.
A hospital or clinic that employs staff not qualified to treat you or uses equipment too old or of too low a quality is also responsible for your missed fracture diagnosis.
If you suffer from a missed fracture diagnosis, you will be in line for a compensation claim. The award you win will help you recover and get your life back on track again.
Your No Win No Fee medical negligence solicitor will handle your case and file your claim for compensation for the missed fracture negligence.
How much compensation can I claim for a missed fracture?
You can claim compensation for a missed fracture can be more than £6000 for a missed fracture of the arm to over £70,000 for a complex fracture of the foot.
The consequences of a missed fracture can be with you for life. You could suffer pain and ill health, which could have been avoided if the medical professional had done their job at an acceptable level.
There is not one fixed amount awarded in missed fracture negligence cases. Depending on the circumstances of the missed fracture negligence and its consequences, the amount of compensation will differ from patient to patient.
As in all medical negligence claims, each case is dealt with on its merits and how much you have suffered due to a missed fracture.
A No Win No Fee medical negligence solicitor will be the only one who can advise you on a missed fracture negligence claim. They will know from experience what your case may be worth and how to go about a successful claim.
Your No Win No Fee medical negligence solicitor will handle your missed fracture negligence claim and get you compensation for all damages incurred.
What can you claim for when suing for missed fracture negligence?
You can claim compensation for any damages that occurred, when suing for missed fracture negligence.
There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.
General damages are when you sue for the pain, suffering and the loss of amenity, PSLA, you have experienced due to negligence.
Special damages include loss of earnings, future care costs, and out-of-pocket expenses.
Be sure to keep payslips, receipts and proof of any losses you experience as a result of the medical negligence.
You deserve compensation to cover all losses, including loss of life, medical costs and any long-term care needs.
When you or a loved one suffers from the effects of missed fracture negligence, you make a claim for compensation.
Your No Win No Fee solicitor will guide you through the steps in making a missed fracture negligence claim.
What are the steps involved in making a missed fracture negligence claim?
The steps involved in making a missed fracture negligence claim go from seeking medical advice to issuing court proceedings. The steps are a part of any successful compensation case, and settlement can happen at any stage in the process.
When you follow the steps correctly and get all the facts and figures together, your medical negligence solicitor will do the rest.
Step 1: Seek medical advice
Seek medical advice on the injuries you have suffered or are suffering with immediately you realise you experienced missed fracture negligence.
Step 2: Contact a specialist medical negligence solicitor
Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at your case, see where the problem lies, and advise if you suffered missed fracture negligence.
The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim.
You are the one who suffered medical negligence, and you should get all the money due for the suffering.
Step 3: Your medical negligence solicitor obtains your medical records
Your medical negligence solicitor obtains your medical records with your permission. By reading your records, they will confirm if they think you have a valid missed fracture negligence case.
The medical negligence team will know from reading your medical records if the case will result in compensation being paid.
Step 4: The medical negligence solicitor sending a letter of claim to the negligent party
The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit the missed fracture negligence in what is known as ‘sending a letter of claim.’
When the negligent party receives the letter of claim, it has up to four months to provide a written response.
Step 5: Getting a response from the negligent party’s insurer
Getting a response from the negligent party’s insurer will move your compensation claim closer to a conclusion.
The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms.
If they admit liability, your missed fracture negligence claim can be valued.
The two parties will meet to decide on your missed fracture compensation payment.
Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.
Step 6: Issuing court proceedings
Issuing court proceedings is the next step if they deny liability in your missed fracture negligence case. Going to court happens, too, when they are not prepared to pay a fair amount for the injuries you have suffered.
Your medical negligence solicitor issues the court proceedings.
Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.
Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.
The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.
Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.
Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.
Using a No Win No Fee solicitor
Using a No Win No Fee solicitor is the only way to a successful missed fracture negligence claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.
Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees.
The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.
You are the one who suffered missed fracture negligence, and you deserve the compensation to get your life back to normal.
How long do I have to make a claim for missed fracture negligence?
You have three years to make a claim for missed fracture negligence. All medical negligence claims are subject to limitation periods.
For example, in England and Wales, medical negligence claims must generally be brought, court proceedings issued within three years of the injury, or three years of knowledge of the facts giving rise to the claim.
If someone has passed away, it is the date of death if the limitation period has not expired at the date of death.
Children not under a disability typically have until they reach 21 to start a missed fracture negligence claim or court proceedings.
Persons under a disability, who lack capacity, are not subject to any limitation period.
Can I make a medical negligence claim against the NHS?
Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the negligent treatment.
Each year there are between 8,000 and 10,000 successful medical negligence claims against the NHS. Suing the NHS for medical negligence can make some people feel uncomfortable.
Amounts in compensation claims awarded against the NHS range from £1000 to over £10 million. The amount you receive covers minor injuries such as scarring to serious life-threatening negligence, which leaves you with long-term care needs.
We trust in and use the NHS daily and do not expect negligence. It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution.
NHS Resolution has a responsibility to treat patients who seek compensation fairly. Patients pay for the NHS through their taxes, and for that they deserve respect and the best medical treatment.
Contact The Medical Negligence Team
Contact the Medical Negligence Team today to discuss your missed fracture negligence claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation.
At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim.
We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases.
Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered missed fracture negligence, and you deserve every penny of the compensation.
Contact us at the Medical Negligence Team for all your medical negligence needs.