A torn anterior cruciate ligament (ACL) is a significant knee injury that could cause mobility issues in the long term. This guide looks at medical negligence compensation claims that could arise from an ACL tear misdiagnosis.
Our guide starts by defining medical negligence and outlining when you can claim compensation for the harm caused by a medical professional not adhering to the duty of care that they owe to patients. We also discuss the time limits in which medical negligence claims must be initiated, how compensation is calculated and what evidence you could gather to support your case.
Finally, we outline how our medical negligence solicitors could offer to represent you on a No Win No Fee basis.
Medical Negligence Claim For An ACL Tear Misdiagnosis
As well as learning more below, you can get information by calling our advisors for a consultation. They can assess your case for free and let you know whether you are eligible to pursue medical negligence compensation:
- Call 0800 073 8804.
- Write to us about your claim online.
- Open the live chat tab on this page.
Select A Section
- When Could You Claim For An ACL Tear Misdiagnosis?
- What Could Cause ACL Tear Misdiagnosis?
- Proving Your Medical Negligence Claim
- How Much Could You Claim For Misdiagnosis Of A Torn Anterior Cruciate Ligament?
- Talk To Our Team About No Win No Fee Medical Negligence Claims
- Further Misdiagnosis Claim Resources
When Could You Claim For An ACL Tear Misdiagnosis?
When a medical professional treats a patient they instantly owe that patient a duty of care to provide them with a service that meets the correct level of skill and care. Medical negligence is the term given when a practitioner deviates from professional standards through omission or a negligent act that leaves the patient suffering harm that was avoidable.
An ACL tear misdiagnosis may not always be an example of medical negligence. Misdiagnosis can happen for all different reasons. To be eligible to make a medical negligence claim following a misdiagnosis, you must show that:
- A medical professional owed you a duty of care.
- They breached this duty by failing to provide the correct standard of service.
- The breach led to you suffering avoidable physical and/or mental harm.
Call the above number and discuss your situation with an advisor to get a clearer idea of whether you can seek medical negligence compensation.
Time Limits
Timing must be considered alongside the above eligibility criteria. The Limitation Act 1980 establishes a three-year time limit for medical negligence claims. You could have three years to start a case, however, there are also exceptions.
Our advisors can explain in further detail when you call to discuss your experience.
What Could Cause ACL Tear Misdiagnosis?
An ACL tear is one of the most severe examples of a soft tissue injury to the knee. It may require reconstruction surgery or ongoing physiotherapy. A tear could be identified through an X-ray, MRI, or ultrasound scan.
If a medical professional misdiagnoses an injury, the issue could be exacerbated, causing further physical and possibly psychological harm. A person working in an outdoor, sporting or manual work setting may have their career affected severely as a result.
These examples highlight how an ACL tear misdiagnosis could occur:
- A doctor examines the knee and diagnoses a lesser injury, such as a sprain. The patient continues life as normal, and the injury worsens or fails to repair, requiring surgery because of it.
- Your X-ray/scan results are mixed up with another patient’s. You receive an initial misdiagnosis, which leads to a delay in treatment.
- A GP fails to recognise the symptoms of your injury and fails to refer you for further tests.
Please call today for a free initial assessment of your potential medical negligence claim. If the advisors can see that you have solid grounds to pursue a claim for compensation, they can connect you with one of our specialist medical negligence solicitors.
Proving Your Medical Negligence Claim
Your medical negligence claim for an ACL tear misdiagnosis will require evidence to prove negligence and its impact on you. Gather as much evidence as you can, including:
- Medical reports that show who held a duty of care towards you. You can request your medical records during or after treatment.
- Evidence of further injury caused by misdiagnosis, such as X-ray results.
- A diary charting your initial treatment, follow-up care, and any symptoms experienced.
You would also be required to undergo an assessment with an independent medical professional. This would be arranged for you, as would the Bolam Test if needed; this is a process where trained professionals determine whether the care provided reached the correct level.
If you work with a solicitor, they could help organise and present evidence to solidify your claim. To learn more about this or ask about what proof you should get, please give us a call and chat with an advisor.
How Much Could You Claim For Misdiagnosis Of A Torn Anterior Cruciate Ligament?
Succeeding in an ACL tear misdiagnosis claim will secure you a settlement, with compensation formed of up to two heads of claim:
- General damages, compensating you for physical and psychological damage. If this is awarded, you could also seek;
- Special damages. You can use this head of claim to address financial loss brought about by medical negligence.
Special damages could cover medical costs, care fees or a loss of earnings if you cannot work while injured. Proof will be needed, including receipts or payslips.
General damages, meanwhile, will be calculated by legal professionals during the case. They may use medical evidence to assign a value to your severe knee injury or mental harm and could refer to figures from the Judicial College Guidelines (JCG.)
Compensation Table
This table features guideline compensation brackets taken from the JCG. Please remember that this is only a guide, and the compensation awarded in a claim will depend on various factors.
| INJURY | SEVERITY | COMPENSATION | NOTES |
|---|---|---|---|
| Knee | Severe (i) | £69,730 to £96,210 | Effects can include the onset of osteoarthritis, gross ligamentous damage, considerable pain, loss of function and lengthy treatment. |
| Severe (iii) | £26,190 to £43,460 | There may be continuing symptoms by way of pain and discomfort and limitation of movement or instability or deformity with the risk of degenerative changes. | |
| Moderate (i) | £14,840 to £26,190 | Minor instability, weakness, wasting or mild future disability resulting from injuries such as a torn cartilage. | |
| Moderate (ii) | Up to £13,740 | The level of award depends on recovery time, the level of pain and discomfort, or for how long a pre-existing issue is exacerbated. | |
| Leg Injuries | Severe Leg Injuries (iv) | £27,760 to £39,200 | Instability in the knee; unsightly scarring; or permanently increased vulnerability to future damage. |
| Leg Injuries | Less Serious Leg Injuries (i) | £17,960 to £27,760 | Serious soft tissue injuries cause significant cosmetic damage, functional restriction and/or nerve damage. |
Talk To Our Team About No Win No Fee Medical Negligence Claims
Our expert solicitors have years of combined experience helping people with medical negligence claims. Calling on the services of a solicitor could benefit you greatly as you seek compensation for an ACL tear misdiagnosis. This support could even be available on No Win No Win terms.
Our solicitors work under a Conditional Fee Agreement, which ensures that you do not pay a fee for their work upfront or during the claim process. Should the case lose, there will be no charge for their work.
A success fee is collected only if the case wins. The payment your solicitor receives would be:
- A small percentage of the compensation you receive.
- Capped because of The Conditional Fee Agreements Order 2013.
- Agreed with you in advance.
Get In Touch With Our Specialist Team
You may not yet know whether or not you can claim for your ACL tear misdiagnosis. If that is the case, call us today for a detailed consultation with an advisor. If you know you have the grounds to claim, or our advisors uncover this fact, you can learn how to get started with one of our medical negligence solicitors. Talking to us is free, and you may get the information that helps you on your way. All you need to do is either:
- Call 0800 073 8804.
- Submit a query about a claim online.
- Send a message in the live chat pop-up below.
Further Misdiagnosis Claim Resources
We have numerous articles designed to give relevant information about medical negligence claims. For example, read through the following:
- This guide looks at wrong-site surgery and what to do if a surgeon operates on the wrong body part.
- You can read about making a claim against a hospital in this guide.
- An explainer on hospital negligence claims.
These external resources are also useful for background information.
- NHS – A guide to knee ligament surgery after an ACL tear.
- NHS Constitution – Annual report 2022/23, including details on claims resolution.
- GOV.UK – Claim Statutory Sick Pay if you cannot work.
Thank you for reading our guide on claiming compensation for an ACL tear misdiagnosis. Please call if you have any questions or need support with a claim.
