By Jo Anderson. Last Updated 11th July 2023. Welcome to our guide discussing how to claim compensation if your wrist fracture was missed by a medical professional. We will explain how to determine whether medical negligence played a role in your misdiagnosis. We will also make sure to provide information about compensation that could be awarded for a medical negligence claim, including how payouts are calculated.
Wrist Fracture Was Missed By A Medical Professional Claims Guide
This guide will also examine how you could benefit from hiring a lawyer to help with your claim. Specifically, you may be able to work with a medical negligence solicitor under the terms of a No Win No Fee agreement. This means you could get legal representation without paying upfront charges or ongoing service fees.
Read on for more information about clinical negligence claims. Alternatively, you can contact our advisers to discuss your circumstances straightaway during a free consultation over the phone or online. Learn more by:
- Calling us at 0800 073 8801
- Emailing us via our ‘Contact Us’ form
- Speaking to an adviser via our chatbox below
Select A Section
- Our Guide To Claims If Your Wrist Fracture Is Missed
- Diagnosing Wrist Fractures
- Why Are Fractures Missed?
- How Can I Prove A Wrist Fracture Was Missed?
- How Much Could You Get If Your Wrist Fracture Is Missed?
- How Long Do You Have To Claim?
- How Accident Claims UK Could Help You
Our Guide To Claims If Your Wrist Fracture Is Missed
All medical professionals owe their patients a duty of care, which means doctors, nurses, and other healthcare professionals must provide you with an adequate level of care. If they don’t, you could suffer harm that might have been avoided if you had received the correct level of care.
Specifically, medical negligence involves:
- A medical professional owing you a duty of care
- That individual breaching the duty they owe you
- As a result, you suffer physical or mental harm that might have been avoided if you had received an adequate level of care
Medical negligence could involve a doctor or GP failing to diagnose a wrist fracture. We will discuss this in the next section, but you can contact our advisers if you have questions about claiming for a wrist fracture that was missed during a medical assessment.
Diagnosing Wrist Fractures
The NHS states that a broken bone could occur due to a fall or being struck by an object. When assessing the extent of your potential fractures, a doctor or GP may check whether your wrist is swollen, bruised, or visibly deformed. They may also send you for various scans, such as an X-ray, which may help them diagnose your injuries.
In the next section, we will discuss examples of how a wrist fracture could be missed due to medical negligence.
Why Are Fractures Missed?
Misdiagnosis of a fracture could occur if the doctor examining you does not provide adequate care. However, it is important to be aware that not all missed fractures result from medical negligence. Below we look at examples of how a medical professional may miss a fracture:
- A doctor misses a fracture of the wrist because they fail to listen to what the patient is saying.
- A medical professional fails to spot a clear fracture on the X-ray.
- Your doctor fails to send you for an X-ray even though you are showing clear signs of a fracture and misdiagnoses your injury as a sprain
To claim compensation, your wrist fracture must have been missed due to medical negligence. Contact our advisers to get help determining if a GP or doctor was negligent in misdiagnosing your wrist fracture.
How Can I Prove A Wrist Fracture Was Missed?
When claiming for medical negligence, it benefits you to show how and to what extent you received inadequate care from a medical professional. For instance, you could gather:
- Notes about the dates of medical appointments, locations where treatment was decided or carried out, and the names of healthcare professionals involved
- A copy of your medical records
- Photographs of your fractured wrist
- A journal that describes various symptoms and difficulties you encounter while injured
A solicitor may be able to help with this aspect of the claiming process. In addition to helping you acquire the evidence discussed above, they may also be able to arrange an independent medical assessment, which will help determine the extent of your injuries. Contact our advisers to learn more about how a solicitor can help you claim for a wrist fracture that was missed due to medical negligence.
How Much Could You Get If Your Wrist Fracture Is Missed?
A successful medical negligence claim can compensate for two aspects of the suffering you experienced. This is reflected in two heads of claim, general and special damages.
General damages are intended to help compensate you for the physical and mental pain you experienced. When assessing this aspect of a claim for medical misdiagnosis negligence, a solicitor will usually refer to the Judicial College Guidelines (JCG). This document can be helpful because it contains information about different injuries accompanied by bracket amount guidelines.
The table below contains JCG entries relevant to a wrist injury. However, please remember that these figures are only intended as a guide to potential compensation, as individual circumstances will affect a claim.
| Category | Award Brackets | Further Notes |
|---|---|---|
| (a) Wrist Injuries | £47,620 to £59,860 | Injuries that result in complete loss of wrist function. |
| (b) Wrist Injuries | £24,500 to £39,170 | Injury causes significant disability, though some useful movement may remain. |
| (c) Wrist Injuries | £12,590 to £24,500 | Injuries that are less severe yet still result in some permanent disability. |
| (d) Wrist Injuries | £6,080 to £10,350 | Cases in which recovery takes more than 12 months, but is mostly complete save for minor ongoing symptoms. |
| (e) Wrist Injuries | In the region of £7,430 | Colles’ fracture that is uncomplicated. |
| (f) Wrist Injuries | £3,530 to £4,740 | Very minor fractures and soft tissue injuries, with full or virtually full recovery within around 12 months. |
| (c) Other Arm Injuries | £19,200 to £39,170 | Significant disability but a substantial degree of recover. |
| (d) Other Arm Injuries | £6,610 to £19,200 | Simple fractures in the forearm. |
| (h) Hand Injuries | £5,720 to £13,280 | Crush injuries soft tissue damage and deep cuts, with permanent symptoms, ranging from non-intrusive to intrusive. |
How Special Damages Could Also Compensate You
Your compensation may also include special damages, which are intended to reimburse you for the financial losses encountered as a result of the harm. For instance, this head of claim could account for:
- Lost past and future earnings
- Travel expenses getting to and from healthcare appointments
- Prescription medications and specialist consultations
Contact our advisers if you have any questions about calculating medical negligence compensation.
How Long Do You Have To Claim?
If you’re eligible to make a wrist fracture compensation claim, you will need to be mindful of the medical negligence time limit.
The Limitation Act 1980 sets out a three year limitation period that must be adhered to in typical cases. This three year period would begin on the date you were harmed.
However, in some cases, you might not be aware immediately that the harm you experienced was due to negligence. If this happens to you, the three year limitation period would start on the date you connected the harm you experienced with clinical negligence.
Some exceptions could apply to this, however. For example, if signs of a fractured wrist were missed in a child, the limitation period would be paused until the child turned 18. However, during this pause, a parent, relative or solicitor, for example, could apply to be a litigation friend for the child. This means they could bring a claim on the child’s behalf. If no claim is made, and the child turns 18, the limitation period would begin again. They would have until they turned 21 to file a claim.
For further advice on missed fracture claims, or to learn about any other exceptions to the time limit, you can contact an advisor.
How Accident Claims UK Could Help You
It could be worth working with a solicitor if you are considering making a claim for clinical negligence. They can use their full experience and knowledge to assist in your case.
Furthermore, our medical negligence solicitors may be able to offer you a kind of No Win No Fee agreement called a Conditional Fee Agreement (CFA). Under the terms of this agreement, you generally don’t have to pay for the solicitor’s services if your claim fails. Also, there are no upfront fees or ongoing charges to pay before the claim’s conclusion.
Instead, your solicitor is reimbursed for their services through a success fee. If your claim is successful, this is taken from your compensation. However, the amount is subject to a legal cap, so you always receive the majority of your compensation.
Why Choose Our Team?
Our team of advisers can offer you a free consultation to answer questions you may have about claiming compensation for medical negligence. Not only can they offer free advice on the merits of your potential claim, but they may also be able to put you in touch with our solicitors. Learn more today by:
- Calling us at 0800 073 8801
- Emailing us via our ‘Contact Us’ form
- Speaking to an adviser via our chatbox below
Learn More About Missed Fractures Medical Negligence Claims
Further guides that may help:
How To Make A Medical Negligence Claim For A Missed Ankle Fracture – Compensation Amounts
Negligent Blood Test Compensation Claims – How To Claim Compensation For A Negligent Misdiagnosis
Third-party resources:
Good Medical Practice – Guidance from the General Medical Council (GMC) about the standards a doctor must uphold
NHS Constitution For England – Government resource explaining the rights of NHS patients, staff, and the public
Statutory Sick Pay (SSP) – Government guide to when you can claim SSP
Thank you for reading this guide about claiming after a medical professional missed your wrist fracture. We can be contacted for further information using the details provided.