What missed fracture compensation amount could be owed to you? If you have just been informed that a fracture was overlooked or you needed additional care for the pain caused by a medical oversight, you could be owed compensation for the pain, stress and financial damage it caused.
This guide will detail what compensation amounts can apply for missed fractures. We’ll explain how misdiagnosis claims can be awarded compensation and look at what this could cover. However, in order to claim, you must meet specific medical negligence claims eligibility criteria. We explain what this is and what steps you can take to prove you satisfy it.
After looking at common causes of missed fractures and the symptoms they give rise to, we detail the steps involved in constructing your claim. You can do this yourself, or you might qualify for the help of our skilled medical negligence solicitors. We lay out the benefits of working with them under a type of No Win No Fee agreement.
As you read the following sections, please get in touch with any points or concerns. Our dedicated advisory team is standing by and ready to help. They can also offer a free no-obligation assessment on the merit of your claim and possibly connect you to expert legal representation.
- Ring us on 0800 073 8801
- Start the conversation through the chat portal below.
- Alternatively, start a claim by submitting your details online.
Frequently Asked Questions
- The Average Missed Fracture Compensation Amount
- Can I Claim Financial Losses With Missed Fracture Compensation?
- Am I Able To Make A Missed Fracture Claim?
- What Are The Symptoms Of A Fracture?
- The Common Causes Of A Fracture Being Undiagnosed
- How Can I Start A Missed Fracture Compensation Claim?
- What Can Accident Claims Do For Me?
- More Information
The Average Missed Fracture Compensation Amount
The term average suggests that compensation is awarded in a routine way. This isn’t the case. Compensation differs in every claim based on the individual circumstances. However, a successful medical negligence compensation claim can result in a total amount made up of general and special damages.
A publication called the Judicial College Guidelines (JCG) helps those involved in calculating compensation amounts to arrive at a figure for general damages. This publication lists bracket guidelines for a whole host of physical and psychological injuries based on how severe they are. The general damages figure covers:
- The severity and extent of the harm.
- The predicted duration of recovery.
- Negative overall impact on the quality of the person’s life (loss of amenity).
Using the Judicial College Guidelines alongside medical records, an approximate compensation figure can be reached. To illustrate, we’ve put together a table below using entries from the Judicial College Guidelines, but it’s vital to emphasise that these are guide figures only. Also, the first entry does not come from this source:
Compensation Guideline Brackets
| NATURE OF HARM | SEVERITY | GUIDELINE BRACKETS | NOTES |
|---|---|---|---|
| More than one form of severe harm and Special Damages | Severe | Up to £1 million plus. | Here the person suffers a multitude of severe types of harm and is awarded an amount for lost income and private care. |
| Head/Brain | (a) Very Severe | £344,150 up to £493,000 | An example that might fall into this bracket is a very severe skull fracture that damages the brain and leaves he person permanently disabled and reliant on others for all needs. |
| (d) Less Severe | £18,700 up to £52,550 | Despite initially severe symptoms the person can return to work and see an almost complete resumption of normal function. | |
| Pelvis | (a) Severe (i) | £95,680 up to £159,770 | Extensive pelvic fractures that can damage the bladder and dislocate the back joint resulting in intolerable pain and need for spinal fusion surgery. |
| Neck | (a) Severe (ii) | £80,240 up to £159,770 | Serious fractures or cervical disc damage that can cause chronic conditions and significant permanent disability. |
| Back | (a) Severe (iii) | £47,320 up to £85,100 | Includes cases of disc fracture that typically involve surgery and leave lasting issues such as discomfort, severe pain and impaired agility. |
| Arm | (b) Injuries that result in permanent and substantial disability | £47,810 up to £73,050 | Fractures affecting one or both forearms and leaving significant permanent disability. |
| Severe Leg | (iii) Serious | £47,840 up to £66,920 | Comminuted or compound fractures causing instability and near certain threat of future arthritis. |
| Wrist | (b) Significant | £29,900 up to £47,810 | Injuries of a permanent and significant nature but a degree of useful remaining movement in the joint is seen. |
| Hand Injuries | (f) Severe finger fracture | Up to £44,840 | Cases that can involve partial amputation, impaired grip, loss of mechanical function and sensation disturbance. |
Can I Claim Financial Losses With Missed Fracture Compensation?
Special damages are the category of loss under which the financial harm is assessed. A missed fracture might give rise to a whole host of additional health and lifestyle problems, all of which could incur costs. With the right documented evidence to prove monetary harm, these amounts could be recovered. For example:
- Bank statements and payslips that indicate a drop or loss in earnings because of the fracture.
- Any additional medical expenses to deal with the unnecessary harm suffered.
- Proof of amounts that were paid for domestic help (such as cleaning and shopping).
- Estimates and invoices for the cost of changing your home to accommodate a new, permanent disability (wheelchair access or grab bars).
In the hands of our skilled medical negligence solicitors, the amount for a missed fracture can be calculated much more thoroughly. These finer points can often be missed without expert help and guidance, so it’s worth calling to see if you could be owed more.
Am I Able To Make A Missed Fracture Claim?
You could qualify to start a medical negligence claim for a missed fracture compensation amount if you can demonstrate the three essential criteria as follows:
- A specific duty of care was owed to you by a healthcare provider.
- They breached that duty of care and, in so doing, failed to meet expected standards.
- This caused you a level of harm that was avoidable and unnecessary (for example, surgery to reset a broken leg that you wouldn’t have needed had the fracture been diagnosed within an appropriate amount of time).
Anyone seeking medical help is automatically entitled to a duty of care. This means that the medical professionals involved in your care must satisfy the standards expected of them. Failure to do so would be considered a breach of duty.
So, with these three criteria in place, your compensation claim could be deemed eligible to move ahead. It is important to note that despite excellent levels of care, medical conditions can deteriorate of their own accord. Therefore, not all cases automatically involve medical negligence and lead to compensation.
However, if you feel sure that the healthcare provider concerned failed to take the appropriate actions during diagnosis, treatment or aftercare and your fracture went undetected, speak to us about starting a claim.
What Are The Symptoms Of A Fracture?
The symptoms of a fracture can range from minor swelling to compound fractures that pierce and exit the skin, typically in a serious accident. Commonly encountered symptoms include:
- Numbness and tingling
- Swelling
- Pain and tenderness
- Bruising
- Deformity to the affected limb
- An inability to apply any weight on the limb or move the area without restriction or pain
- A ‘snapping’ sound at the moment of injury.
There are also various types of fracture:
- Hairline or ‘stress’ fracture – A term used to describe a small crack or bruise within the bone.
- Transverse – A fracture that runs along the length of the bone.
- Oblique – Fractures that run across the bone.
- Spiral – Fractures that can run in circles around the bone.
- Comminuted – Where the bone fractures in more than one place and often penetrates the surface of the skin.
- Greenstick – Where the fracture partially breaks one side and bends the other.
- Impacted – Where the bone is compressed into itself and foreshortens.
All fractures can be displaced or undisplaced, which means they may or may not align correctly when they heal. This can cause ongoing disability issues for the person. For more information, please use this link from the NHS about a broken leg.
Correctly diagnosing symptoms, the type of fracture and the best course of treatment to ensure it heals properly is essential to avoid permanent harm. Speak to us about your misdiagnosed or missed fracture compensation amount if a healthcare provider fails to do this.
The Common Causes Of A Fracture Being Undiagnosed
There are some common reasons why fractures are undiagnosed, such as lack of experience, overwork and mixing up patient records. We look at some other encountered issues that may form the basis of a medical negligence claim:
The Hospital Misdiagnosed My Wrist Fracture
Whether it’s at the A&E department or with a specialist appointment, all medical professionals who interact with the public must ensure they avoid diagnostic errors. If a hospital failed to spot a hairline wrist fracture or determined it was something else like arthritis, this could lead to complications for the patient. Failing to interpret X-ray results might give rise to a mistake like this. Or a GP video examination could overlook the fracture.
My Ankle Or Leg Fracture Scan Results Were Misinterpreted
In a similar way, it’s essential that scans are properly interpreted, especially if the fracture is complicated and has caused damage in more than one area of the ankle or leg. Medical negligence like this can be the result of a lack of expertise or because the doctors are overworked and fatigued. In addition to this, misinterpreted scan results might, in turn, cause a follow-up appointment to be missed. Delays in treatment can worsen the condition of the patient and cause them to require intensive care treatment.
The Hospital Gave Me Inadequate Arm Fracture Examination
Hospitals might refer a patient with a forearm fracture to a member of staff who is less experienced in this area of treatment. As a result, an incomplete examination may be performed, which misses a fracture symptom, and the patient leaves without receiving complete care. Later, this missed fracture can become infected, cause complications and delay the patient’s recovery.
Whatever the basis of the medical negligence, speak to our team about seeking a missed fracture compensation amount.
How Can I Start A Missed Fracture Compensation Claim?
The best way to start a missed fracture compensation claim is to draw together proof that you did not receive the level of care owed to you and that this left you with unnecessary harm. There are certain items of evidence that might lay the foundation of a successful medical negligence claim, such as:
- Duplicates of your GP notes and medical records that clearly detail your diagnosis, the recommended treatment and any prognosis made in error.
- Proof of medications prescribed to you.
- A record of dates, status of health and other significant events.
- The contact details of others who may have witnessed the medical negligence taking place. For example, a family member may have accompanied you to the hospital and saw or heard what happened. If you appoint a solicitor, they can add this to a statement to strengthen your claim.
- Photographic evidence of visible harm.
- The correspondence between you and the NHS or private clinic at fault. This can include notifications of appointments or failures and errors that the healthcare provider has already admitted to.
Time Limits
There is a standard 3-year time limit in which a medical negligence claim needs to be started as per the Limitation Act 1980. This activates from the point of initial harm. Or it begins from a point when it is reasonable to assume you realised that the harm suffered was caused by negligent care. This is known as the ‘date of knowledge’. Time limits may differ for two categories of claimants:
- A minor cannot launch their own medical negligence claim until they reach the age of 18. They then have 3-years to do so from this date.
- A freeze applies to time limits for those lacking the mental capacity to manage their own affairs. Instead, the 3-year time limit begins from a date when capacity might be restored.
- In order for a claim to be started immediately, a litigation friend can be allocated by the courts for both these categories of claimant. This precludes any further claims being made.
If you’re unsure when your medical negligence claim should start from, or have any questions about time limits and litigation friends, reach out to the team. They can explain whether you might be potentially owed any missed fracture compensation amount.
What Can Accident Claims Do For Me?
At Accident Claims, our solicitors can provide a highly professional and seamless path through the medical negligence claims process. By using their years of expertise with claims like this, you can expect the following:
- A thorough assessment and calculation of the compensation owed to you after a fracture misdiagnosis.
- Help gather supporting evidence.
- A robust defence of your best interests.
- Detailed updates on the status of the claim.
- Explain any complex legal jargon.
- Handle requests from the courts easily.
- A professionally represented claim at all times.
In addition to this, our solicitors can offer these outstanding services in a way that does not add to your financial burdens right now. They provide eligible claimants with a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). This offers numerous advantages to those seeking to fund legal support during the claims process. For example, under a CFA:
- You’re not required to pay initial solicitors’ fees to get started.
- No solicitors’ fees are requested for services as the claim moves forward.
- Nothing needs to be paid for finished services if the claim is unsuccessful.
- A ‘success fee’ is taken from the compensation if the claim settles in your favour. This amount is a small percentage that is agreed prior to work starting on your claim.
- The percentage taken as a success fee is also kept low by a legal limit. This ensures that the person seeking compensation for a missed fracture diagnosis can reliably expect to receive nearly all the payout.
Terms like this mean it makes sense to see what missed fracture compensation amount one of our solicitors could calculate for you. Rather than face the complexities of a medical negligence claim alone, see if you can place it in the hands of our expert solicitors.
Contact Our No Win No Fee Solicitors
If you’re interested in seeing what missed fracture compensation amount could be calculated for you, start by speaking to our advisors. If your claim qualifies and you wish to go ahead, they could connect you with our solicitors to get started on your No Win No Fee claim:
- Ring us on 0800 073 8801
- Also, why not start the conversation through the chat portal below?
- Or alternatively, start a claim online.
More Information
As well as guidance on what missed fracture compensation amount could be owed to you, these other articles provide more useful information:
- Read our guide on claims after a misdiagnosis of a fracture.
- This guide provides useful information about GP misdiagnosis compensation claims.
- Also, we discuss x-ray negligence claims.
External information to help:
- Here, you can check your symptoms.
- As well as this, this resource looks at the fundamental standards that care should not fall below.
- Lastly, read about a broken arm or wrist from the NHS.
To close, we hope this guide has helped explain what missed fracture compensation amount you could be owed. For more help or free guidance, we invite you to get in touch with our dedicated team of advisors.
