In this guide, we will discuss the steps you could take to begin a medical negligence claim for avoidable harm suffered due to delayed broken arm surgery. Throughout the article, we will cover topics such as the eligibility criteria that must be met to bring forward a claim, the evidence you could use to support your case, and the relevant time limits that apply.
Delayed broken arm surgery claims guide
Later in this guide, we will also explain how a No Win No Fee solicitor could benefit your claim. A No Win No Fee agreement allows you to access the services of a solicitor, who can help you to navigate the claims process and put forward a case.
Read on for more information on pursuing medical negligence compensation. You can also contact our advisors at any time for free and confidential legal advice. They are available to answer any questions you may have about making a compensation claim and can offer insight into eligibility and potential settlements.
Get in touch by:
- Calling an advisor on 0800 073 8804
- Filling out our form to claim online
- Writing to our team via the live chat feature below
Select A Section
- What Is Delayed Broken Arm Surgery?
- How To Make A Medical Negligence Claim
- How Could Delayed Treatment For A Broken Arm Harm You?
- Delayed Broken Arm Surgery Case Study
- Payouts You Could Claim For Delayed Broken Arm Surgery
- How A Medical Negligence Solicitor Could Help You
What Is Delayed Broken Arm Surgery?
Every medical professional owes their patients a duty of care. This duty requires them to provide the correct standard of care. If they breach this duty, a patient could suffer avoidable harm as a result. This is medical negligence, for which a compensation claim could be made.
Delayed broken arm surgery occurs when a patient requires surgery to treat a broken arm, but it is delayed due to various reasons. This could happen as a result of a medical professional breaching their duty of care. For example, a doctor could misread an X-ray clearly showing your arm is broken and send you home with no treatment, which means it starts to heal in the wrong position.
On the other hand, broken arm surgery could be delayed for other reasons in cases where a medical professional has provided the correct standard of care and done everything within their power to provide you with the appropriate treatment. In this case, you will be unable to claim compensation as medical negligence has not occurred.
Continue reading to learn more from statistics about treatment delays.
Cancelled Or Delayed Surgery Statistics
In regards to cancelled elective operations, NHS England recorded the following statistics for the second quarter of 2022/23:
- 19,439 elective operations were cancelled at the last minute by NHS providers for non-clinical reasons.
- Of these cancellations, 4,149 patients were not treated within 28 days.
These statistics do not reflect emergency operations. Instead, they reflect figures for the surgeries that can be planned in advance by at least 24 hours. Please contact our team of advisors for more information on how delayed broken arm surgery could lead to a medical negligence claim.
How To Make A Medical Negligence Claim
To assess whether or not your case of delayed treatment could provide valid grounds for a medical negligence claim, we have provided the following eligibility criteria, which should all prove true:
- A medical professional owed you a duty of care.
- They breached this duty.
- As a result of the breach, you suffered avoidable harm.
Additionally, you must begin your claim within the relevant time limits. These are laid out by the Limitation Act 1980. According to this legislation, you must begin your claim within three years of the incident date, or within three years of the date that you connected the incident to negligence.
There are some exceptions to these time limits. For example, if you are under the age of 18 or do not have the mental capacity to bring forward a claim yourself, then an exception could apply. Contact our advisors to learn how this affects the time limits and whether it could be applicable to your delayed broken arm surgery claim.
How Could Delayed Treatment For A Broken Arm Harm You?
Delaying the treatment for a broken arm could cause you harm. For example, the delay could lead to the following:
- Avoidable pain and suffering, both physically and mentally
- A worsened condition
- An infection
- A worsened prognosis
- A nonunion of a broken bone, which involves a bone that does not heal.
- A delayed union of the bone, which means that the bone is slower to heal.
Contact our advisors if your delayed broken arm surgery resulted in you suffering avoidable harm. Our advisors can offer a free assessment of your case, where they may find that you have valid grounds to make a claim. If this is the case, they may connect you with one of our medical negligence solicitors.
Delayed Broken Arm Surgery Case Study
To illustrate how certain instances of delayed treatment for a broken arm may lead to a medical negligence claim, we have provided an illustrative fictional case study.
Agatha slips on a patch of ice and breaks her arm. She seeks immediate medical attention and is sent for an X-ray. The doctor misreads the scans, although they clearly show a broken bone. She is sent away without treatment.
In the following days, Agatha tries to use her arm as normal and finds it makes her condition worse. After seeking further medical attention, she finally receives the correct diagnosis and surgery for her broken arm. However, due to the delay in her treatment, she suffers complications resulting in a longer recovery period.
Agatha may be eligible to make a medical negligence claim to receive compensation for the avoidable harm she suffered due to the delay in treatment.
Our advisors are available 24/7 if you would like to speak to someone about claiming compensation for delayed treatment. Speak to a member of our team to learn about how you can prove medical negligence caused your delayed broken arm surgery.
Payouts You Could Claim For Delayed Broken Arm Surgery
The compensation you could receive after a successful medical negligence claim may be made of up to two potential heads of claim. The first head of claim we will discuss is general damages, under which you could receive compensation for the avoidable pain and suffering caused by medical negligence.
As a guide to potential compensation brackets, we have provided the table below. To create this table, we have used the Judicial College Guidelines (JCG), amended in April 2022. Medical negligence solicitors can also refer to this document to help them value the general damages head of claim.
| Type of Harm | Compensation | More Information |
|---|---|---|
| Amputation of Arms (a) | £240,790 to £300,000 | Both of the person’s arms are lost. They will be reduced to a state of considerable helplessness with full awareness. |
| Amputation of Arms (b)(ii) | £109,650 to £130,930 | One of the person’s arms is lost above the elbow. |
| Amputation of Arms (b)(iii) | £96,160 to £109,650 | One of the person’s arms is lost below the elbow. |
| Arm Injuries (a) | £96,160 to £130,930 | Extremely serious injuries that fall short of amputation but leave the person little better off than if the arm was lost. |
| Arm Injuries (b) | £39,170 to £59,860 | The injuries will lead to permanent substantial disablement. For example, serious fractures of either one or both forearms. |
| Arm Injuries (c) | £19,200 to £39,170 | Injuries within this bracket will cause significant disabilities, however, a substantial degree of recovery will have occurred or be expected to do so. |
| Arm Injuries (d) | £6,610 to £19,200 | Fractures of the forearm, which are simple in nature. |
Please remember that these figures are a guide. For a more accurate and personalised assessment of your claim’s value, speak with a member of our team today.
In addition to general damages, you could receive a payout under special damages. This head of claim reimburses you for certain financial losses incurred as a result of the medical negligence.
For example:
- Loss of earnings
- Medical expenses
- Travel costs
You should keep evidence of any financial expenses to ensure you’re fully compensated. For example, this could include bank records or receipts. Contact our advisors if you have any questions about the compensation you may be eligible to receive following delayed broken arm surgery.
How A Medical Negligence Solicitor Could Help You
When deciding whether to use a legal professional to make a medical negligence claim, you may wonder what benefits No Win No Fee solicitors entail through an agreement known as a Conditional Fee Agreement (CFA).
This type of No Win No Fee agreement means that you generally won’t have to pay for a solicitor’s services upfront, whilst the claim is ongoing or in the circumstance that your claim does not succeed.
Alternatively, in the circumstance that your claim does succeed, a medical negligence solicitor under a CFA will take a small legally capped percentage of the compensation payout. This is often referred to as a success fee.
Please speak to one of our advisors for more information. Reach us by:
- Calling an advisor on 0800 073 8804
- Filling out our form to claim online
- Writing to our team via the live chat feature below
Learn More About Delayed Surgery For A Broken Arm
Please explore more of our guides:
- Delay In Treatment Compensation Claims
- How Much Compensation Can I Claim For A Surgical Error?
- Medical Negligence In A Private Hospital Claims Guide – How Much Compensation Can I Claim?
- Learn more about care home claims if you or a loved one were harmed by care home negligence.
Other resources you may find useful:
NHS Constitution for England – GOV.UK.
Good Medical Practice – Laid out by the General Medical Council (GMC).
When to use NHS 111 online or call 111 – Guidance from the NHS.
Find out if you could claim for midwife misdiagnosis that has caused you or your baby harm with our guide.
Thank you for reading this guide to making a medical negligence claim following delayed broken arm surgery.
Written by Finlay
Edited by Stocks/Oxton
