By Stephen Burke. Last Updated 22nd February 2024. If you have suffered unnecessary harm due to a medical professional breaching their duty of care when they misdiagnosed your fracture, you may be eligible to make a medical negligence claim.
Within this guide, we will discuss the duty of care all medical professionals owe you and the eligibility criteria that must be met for missed fracture claims. We will also share examples of the different heads of claim you could be awarded for a successful case. This guide will also explore the various benefits of making a medical negligence claim with one of our No Win No Fee solicitors.
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To discuss your potential claim and receive free advice, you can contact our advisory team. They can also help answer any questions you may have about the medical negligence claims process. To speak with an advisor, you can:
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Missed fracture compensation claims guide
Select A Section
- Can I Claim Compensation If A Hospital Missed My Fracture?
- Evidence For A Missed Fracture Claim
- What Could Your Missed Fracture Compensation Amount Be?
- Additional Damages Included In Missed Fracture Claims
- Can I Make A No Win No Fee Claim If A Hospital Missed My Fracture?
- Essential References On Misdiagnosis Claims
Can I Claim Compensation If A Hospital Missed My Fracture?
All patients who visit a hospital are owed a duty of care by the medical professionals who provide treatment there. The hospital also owes a duty of care As part of their duty, medical professionals should provide a correct standard of care.
You could be eligible to make a medical negligence claim against a hospital for a missed fracture if you can establish with evidence that, the fractured injury was missed because of a they breached a duty of care they owed you, and you suffered unnecessary harm as a result.
If you visit a hospital with a fracture and the injury is either missed or misdiagnosed as a different injury, such as a sprain, then this could cause harm.
It could also cause a delay in receiving the treatment you need, or you may receive other treatments that are unnecessary.
For more advice or to ask questions such as “a hospital missed my fracture, can I claim?”, contact our advisors for free today.
How Long Do I Have To Claim For A Fracture Misdiagnosis?
If a hospital missed a fracture and you meet the eligibility criteria to make a medical negligence claim, you’ll need to begin proceedings within the limitation period. The medical negligence claims time limit is outlined in the Limitation Act 1980. Generally, you have three years from the date you experienced harm or first connected the harm with medical negligence (the date of knowledge).
However, in certain circumstances, there are exceptions to this limitation period. For example, the time limit is frozen for claimants under the age of 18. From their 18th birthday, they will have three years to start a claim. Prior to this date, a court-appointed litigation friend could make a claim on their behalf.
The time limit is suspended indefinitely for those who lack the mental capacity to make their own claim. Again, a litigation friend could make a claim on their behalf. If they were to regain this mental capacity, and a claim has not already been made for them, they will have three years to do so from the date of recovery.
To find out if you are within the time limit to make a medical negligence claim for a missed fracture, you can contact our advisors.
Evidence For A Missed Fracture Claim
If you are eligible to make a medical negligence claim for a missed fracture, you will need evidence to back up your case. The evidence that might be useful in supporting a missed fracture compensation claim could include:
- Copies of any scans or X-rays that you have had, which may evidence the fracture.
- The contact details of any witnesses, such as a chaperone who accompanied you to an appointment.
- A symptoms diary outlining how the misdiagnosis has affected you and tracking any worsening symptoms.
To learn more about the types of evidence that could support your missed fracture claim, please contact an advisor. Our expert advisors can help assess missed fracture claims and give you case-specific advice.
What Could Your Missed Fracture Compensation Amount Be?
If you make a successful medical negligence claim for a missed fracture, such as a fractured cheekbone, your settlement will include general damages. This is the head of your claim that compensates you the for the unnecessary harm you have endured due to a healthcare professional failing to adhere to their duty of care.
Those calculating this head of your claim may use the Judicial College Guidelines (JCG) to help them. This document provides a list of compensation guidelines for different forms of harm.
We have used some of the amounts listed within the most recent edition of the JCG when creating the following table. Please only use it as a guide.
Additionally, we must note that the top entry featured in this table has not been taken from the JCG.
Compensation Guidelines
| Type of Injury | Level of Compensation | Additional Notes |
|---|---|---|
| Multiple injuries | Up to £100,000+ | Combinations of injuries that cause significant pain and suffering as well as financial costs and losses. |
| Foot Injuries – Severe (d) | £41,970 to £70,030 | Whether both heels were fractured and there was pain that was long-lasting or restrictions of mobilty. |
| Foot injuries – Moderate (f) | £13,740 to £24,990 | Where there were some metatarsal fractures that left the claimant with continuing symptoms |
| An acetabulum fracture (a) (iii) | £39,170 to £52,500 | Leading to changes that are degenerative, such as instability. Future surgery including hip replacement might be required in the future. |
| Le Fort Fractures (a) | £23,810 to £36,740 | Of frontal facial bones, leaving permanent deformity. |
| Moderate injuries to the ankle (c) | £13,740 to £26,590 | This could include fractures. Assessment of how much could be awarded could depend on whether there was an incomplete recovery, and whether there was any loss of movement, etc. |
| Cheekbone fractures (a)(i) | £10,200 to £15,780 | If surgery is required but lasting effects such as paraesthesia remain. |
| Toe injuries – Serious (d) | £9,600 to £13,740 | Injuries to the big toe with several fractures of more than 2 other toes might be included here. |
| Forearm fracture (d) | £6,610 to £19,200 | A simple fracture |
| Clavicle fractures (e) | £5,150 to £12,240 | The extent of the fracture and its displacement would be assessed along with the long term effects of such an injury. |
What Are Special Damages?
Your settlement may also consist of special damages. This compensates you for the financial expenses you experienced due to the medical negligence. These costs could include:
- Care costs – should you have required care at home.
- Loss of income – for losses in pay while you were off work recovering.
- Travel expenses – if you incurred extra costs getting to hospital appointments or meetings with your solicitor.
- Medical expenses – such as paying for prescriptions.
You will need to provide evidence of these costs with documents such as bank statements and invoices.
To receive a free valuation of your potential missed fracture compensation amount, you can contact a member of our advisory team.
Can I Make A No Win No Fee Claim If A Hospital Missed My Fracture?
Are you considering making a claim for missed fracture compensation? If so, you may be glad to know that it would not have to cost you any money upfront. If you choose to go ahead with a No Win No Fee claim, you’d be presented with an agreement that you would be expected to sign before the claim proceeds. This agreement, often referred to as a Conditional Fee Agreement or No Win No Fee Agreement, dictates how much of your compensation (a percentage) would be used to pay your personal injury lawyer in the event of a successful claim.
This amount can’t equate to more than 25% of the settlement. If you had a valid missed fracture claim, but no compensation was secured, you wouldn’t need to pay your lawyer this fee. If you’d like to know more about this type of payment structure, we’ll be happy to answer your questions.
Contact Our Team
Beginning a missed fracture claim could be as simple as giving us a call on 0800 073 8801. Alternatively, you might prefer to use the Live Chat feature on the site or use the contact form. If you prefer email, the address is office@accidentclaims.co.uk. We are looking forward to hearing from you so that we could help you with your missed fracture claim in any way we can.
Essential References On Misdiagnosis Claims
Check out more medical negligence claims guides below:
- Head here to learn more about medical misdiagnosis claims
- To learn more about medical negligence claims, see here
- Click here to see how much compensation you could get for a medical misdiagnosis
- Head here to learn how to claim for misdiagnosis of a fracture
Now you should have further insight into what to do if your hospital missed a fracture. If you would like to claim compensation for a missed fracture, why not get in touch. Our solicitors could fight for the maximum compensation for a misdiagnosis possible on a No Win No Fee basis.