By Stephen Hudson. Last Updated 11th September 2024. Welcome to our fracture misdiagnosis compensation claims guide.
When someone suffers a broken bone or a fracture, it is typically easy to diagnose. However, there are cases whereby fractures are missed for one reason or another. This could be because the fracture has not shown up on the X-ray or it could be down to medical negligence.
If you believe the latter is true, you need an experienced personal injury solicitor to secure missed fracture compensation for you. That is what we are here for at Legal Expert. You can reach us on 0800 073 8804. But, before you call, read on to find out everything you need to know regarding these sorts of claims. You can also discuss your claim online.
Select a Section
- Fracture Misdiagnosis Compensation Claim Payouts
- Can You Sue For A Misdiagnosed Fracture?
- How Could A Fracture Be Misdiagnosed?
- Fracture Misdiagnosis Claims – Do I Need Evidence?
- Time Limits For Fracture Misdiagnosis Claims
- No Win No Fee Fracture Misdiagnosis Claims
Fracture Misdiagnosis Compensation Claim Payouts
Compensation for fracture misdiagnosis claims can include general damages and special damages. General damages cover the harm you’ve suffered and how this has impacted the quality of your life.
Those who value your missed fracture compensation amount may check the Judicial College Guidelines (JCG) for help. This document features guideline compensation brackets for a range of different injuries and illnesses. You can view some of the entries from the JCG in the table below. Please note that the first entry in this table isn’t from the JCG, and that these amounts aren’t guaranteed.
It is also important to note that you would not receive compensation for your initial fracture but only for the unnecessary harm you have suffered due to a medical professional breaching their duty of care and misdiagnosing your fracture.
| Injury description | Average payout for this sort of injury |
|---|---|
| Multiple Forms Of Severe Harm Plus Special Damages | Up to £200,000+ |
| Amputation of one arm (i) | Not less than £167,380 |
| Amputation of one arm (ii) | £133,810 to £159,770 |
| Serious Arm Fractures (b) | £47,810 to £73,050 |
| Simple Arm Fractures (d) | £8,060 to £23,430 |
| Serious Leg Injuries (iii) | £47,840 to £66,920 |
| Moderate Leg Injuries (iv) | £33,880 to £47,840 |
| Less Serious Leg Injuries (i) | £21,920 to £33,880 |
| Less Serious Leg Injuries (ii) | £11,120 to £17,180 |
Your fracture misdiagnosis claim may additionally include special damages. This covers the financial losses that the misdiagnosis has caused you.
For example, following a misdiagnosed fracture, you may need to take an extended period of leave from work. If this were to result in lost earnings, you could potentially claim these back under special damages. Other related expenses, such as prescriptions or mobility aids you’ve invested in, may also be covered under special damages. To claim special damages, you’ll need to provide certain documents as proof, such as bank statements or wage slips.
To learn more about fracture misdiagnosis compensation, get in touch with our advisors today.
Can You Sue For A Misdiagnosed Fracture?
If you would like to make a medical negligence claim, you first have to make sure that your case meets the criteria for fracture misdiagnosis claims. This means you have to be able to prove that:
- A medical professional owed you a duty of care.
- They failed to uphold this duty.
- You suffered avoidable harm as a result.
When a medical professional treats you, they owe you a duty of care. This means that the treatment they provide must meet a minimum standard. The duty of care owed to you can vary depending on who is treating you. If a medical professional were to breach their duty of care, this could lead to you suffering harm that could have been avoided, and you may be eligible to make a medical negligence claim.
Read on to learn more about the missed fracture compensation amount that you could potentially receive, or contact our team of advisors to find out if you are eligible to claim.
How Could A Fracture Be Misdiagnosed?
So, how could a fracture be misdiagnosed? Not all misdiagnosis occurs as a result of negligent actions, and in these cases, you might not be able to claim. This is because you need to be able to establish that medical negligence occurred in order to make a valid fracture misdiagnosis claim.
Some examples of how a fracture to be misdiagnosed include:
- A doctor misreads your X-ray, and misses a very clear fracture in your ankle, causing them to diagnose you with a sprain instead.
- Even though your arm shows all the symptoms of a broken bone, your doctor does not refer you to have an X-ray or further tests and instead discharges you.
- When you are sent for an X-ray, the picture is taken of the wrong limb or the wrong area, so your fracture does not appear.
To learn more about how negligence could contribute to the misdiagnosis of a fracture or to find out if you could make a medical negligence claim, contact our team today.
Fracture Misdiagnosis Claims – Do I Need Evidence?
In order to claim missed fracture compensation, you need to be able to support your claim with evidence. There are various ways you could do this, the evidence you will need will depend on your specific claim. However, here are a few general examples:
- Medical evidence – For instance, your medical records. You have the legal right to request access to these at any time. Documentation such as X-rays and other test results could be helpful.
- Visual evidence – If a missed fracture gets worse, then the damage may become visible. If so, you could take pictures or videos.
- Witness contact details – You could collect the details of anyone who has witnessed how the missed fracture has affected you or maybe was at a medical appointment with you. A statement can be taken from them at a later date.
To find out more about missed fracture compensation, the amount you could be owed or anything else regarding your claim, get in touch with our advisors today.
Time Limits For Fracture Misdiagnosis Claims
What is the misdiagnosis claim time limit? Well, you will usually have three years from the date of knowledge of the misdiagnosis to make a claim. If the misdiagnosis occurred when you were a child, the three-year time limit won’t apply until your 18th birthday.
These rules are legally applied by the Limitation Act 1980. Another circumstance where the three-year limit may be frozen (at least temporarily) is when a victim of misdiagnosis lacks the mental capacity to make their own decisions.
Children and those lacking the mental capacity to act independently can’t start a compensation claim on their own behalf. However, victims in these circumstances could potentially have a claim started on their behalf by a representative known as a litigation friend. This representative could be someone close to the victim, such as a family member or guardian.
No Win No Fee Fracture Misdiagnosis Claims
When pursuing compensation for the misdiagnosis of a fracture, a No Win No Fee solicitor could gather evidence on your behalf. As they’ll offer you a type of No Win No Fee contract known as a Conditional Fee Agreement, they typically won’t require a payment upfront or whilst the claims process is ongoing.
Additionally, they usually do not require a payment for their services if your claim does not succeed.
If your claim succeeds and you receive misdiagnosis compensation, your solicitor will take a success fee from your award. However, the percentage your solicitor takes is capped. This cap is outlined in the Conditional Fee Agreements Order 2013.
If you would like to hire one of our expert No Win No Fee solicitors, or have any other questions about fracture misdiagnosis claims, you can contact our advisors. They are available 24/7 and won’t ask you to pay them for their friendly advice. Find out how to get in touch in the section below.
Get In Touch Today
Please call us on 0800 073 8804 to get started. This line is open seven days a week at any time of the day. If you would like to see more ways to get in touch with us, you will find this information on our contact page. We also have a live chat facility on our website, as well as the option to request a free call back.
Useful Links And Resources
- NHS – Broken bone information – This link takes you to the NHS website where you will find information on how to tell whether you have broken a bone. You can then navigate to specific pages on the likes of broken ankles, broken fingers, broken legs, and so on.
- Fracture claims guide – This link takes you to another one of our guides. This guide reveals how much missed fracture compensation you can get for different types of fracture claims.
- Misdiagnosis claims – Read up on general misdiagnosis.
- NHS negligence claims – Find out if you could make a claim.
- Cancer misdiagnosis – More information on this kind of misdiagnosis.
- Blood transfusion compensation clams – Our guide on whether could be owed compensation.
- Hospital infection claims – You may be able to claim.
Thanks for reading our fracture misdiagnosis compensation claims guide.
