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Missed fracture compensation is calculated based on the severity of harm suffered, the impact it has on your daily life, and the evidence available to prove negligence. How much missed fracture compensation you could claim could vary substantially based on these factors. Higher awards may be linked to more severe forms of harm which have a greater impact on your life.
Key Takeaways
- A missed fracture occurs where it could reasonably have been identified and treated by a medical professional.
- Fractures may be missed due to errors in diagnosis, imaging requests and interpretation, communication, and delays in care.
- Complications of a missed fracture can include improper bone healing, damage to surrounding tissues, long term pain, and the risk of infection.
- Claims must show that a medical professional failed to meet the expected standard of care.
- A No Win No Fee solicitor could help you to make a medical negligence claim.
If you or a loved one would like to know more about missed fracture claims, an advisor could help you.
Jump To A Section
- How Much Missed Fracture Compensation Can I Claim?
- Can I Claim Other Damages Caused By A Missed Fracture?
- My Fracture Was Missed, Can I Claim Compensation?
- How Might Medical Negligence Cause A Fracture To Be Missed?
- What Are The Complications Of Fracture Not Being Diagnosed?
- How To Claim For An Undiagnosed Fracture
- No Win No Fee Missed Fracture Compensation
- Learn More
How Much Missed Fracture Compensation Can I Claim?
How much missed fracture compensation you could claim depends on the severity of harm suffered, what financial losses it caused, and the wider impact it had on your daily life. Compensation settlements may be made up of 2 parts:
- General damages, this part of a settlement is awarded for your pain and suffering, as well as any loss of amenity caused. Loss of amenity covers the impact on your ability to participate in everyday life.
- Special damages, this part of the settlement is awarded for financial losses resulting from the harm compensated for above. We look at these in more detail in the subsequent section.
The courts and solicitors may use the Judicial College Guidelines (JCG) to help value different forms of harm. The table includes examples of compensation brackets for fracture injuries (excluding the top row, which is not a JCG figure).
| Severity and Harm | Notes | Compensation |
|---|---|---|
| Severe - multiple injuries and financial losses, including lost income. | Multiple missed fractures or related injuries + special damages for medical bills. | Up to £250,000+ with special damages for care costs, etc. |
| Severe back injuries (1). | Spinal cord injuries damaging the nerve root, causing pain & impaired bowel, bladder, and sexual function. | £111,150 to £196,450. |
| Severe back injuries (3). | Disc or vertebral body fractures resulting in chronic conditions where disability remains after treatment. | £47,320 to £85,100. |
| Severe neck injury (1). | Injuries which are associated with incomplete paraplegia. | Around £181,020. |
| Severe hip/ pelvis injury (1). | Extensive hip/ pelvic fracture also involving a dislocated lower back joint, ruptured bladder, etc. | £95,680 to £159,770. |
| Severe leg injuries (2) very serious. | An injury which leads to permanent mobility problems and the need for mobility aids. | £66,920 to £109,290. |
| Severe knee injury (2). | A fracture which extends into the knee joint. | £63,610 to £85,100. |
| Very severe ankle injury. | Examples may include a transmalleolar ankle fracture, where there is also extensive soft tissue damage. | £61,090 to £85,070. |
| Skeletal injuries - Le Fort fractures | Fracture of frontal facial bones | £29,060 - £44,840 |
| Clavicle fracture. | Awards depend on the severity of the fracture. | £6,280 to £14,940. |
Please note that your award will be individual to your case and these figures are not guaranteed. Next, we look at how you could be compensated for financial losses.
Can I Claim Other Damages Caused By A Missed Fracture?
Yes, you could claim for other damages caused by a missed fracture, including medical bills, lost income, and care costs. Costs and losses which could be caused by a missed fracture could include,
- Lost income and earnings, including wages lost during a recovery period and any future reduction in earning capacity.
- Medical bills, including the cost of consultations, surgery, medication, or physiotherapy.
- Care costs, this includes the cost of informal care provided by a family member, or of professional care services.
- Travel expenses, this includes those for getting to and from medical or legal appointments.
Other out of pocket expenses, such as the cost of adapting your home or vehicle may also be claimed for. You must provide clear evidence of the financial losses you incurred. This may be in the form of invoices, receipts, and bank statements.
Medical negligence payouts can be calculated by taking both general and special damages into consideration. Please talk to a member of our advisory team for an assessment of your claim.
My Fracture Was Missed, Can I Claim Compensation?
Yes, you could make a missed fracture claim for avoidable or unnecessary harm caused by a medical professional’s failure to provide care and treatment to the standard expected. This may include actions or inactions which either cause new harm, or worsen an existing condition.
Missed fracture compensation claims are subject to 3 distinct criteria,
- You were owed a duty of care. This is automatic if under the care of a healthcare professional or medical service provider. The duty of care in medical settings is that the professionals involved with your treatment must provide care to the standards that are expected of them.
- This party breached their duty of care. In this instance, they failed to correctly diagnose your fracture.
- This failure caused you harm which would have been avoided. In this example, your bone may improperly heal, requiring it to be surgically rebroken through an osteotomy.
The Bolam Test is used to help assess and determine whether care provided by a medical professional fell below acceptable standards. The courts may use this test to decide whether a medical professional’s actions were reasonable, in line with available medical knowledge, and their level of expertise.
Please get in touch with an advisor if you are unsure whether your case meets these criteria.
How Might Medical Negligence Cause A Fracture To Be Missed?
Misdiagnosis, the failure to order or properly interpret test results, as well as errors in referrals and follow ups could all lead to a fracture being missed. As explored in the previous section, medical professionals have a duty to investigate, diagnose, and treat suspected broken bones.
Examples of how medical negligence could result in a fracture being missed,
- Misdiagnosis. A patient visits their GP after having a fall. The GP carries out a physical examination and diagnoses a soft tissue injury, without ordering imaging tests. The fracture heals in the incorrect position, later requiring surgery.
- Failure to refer. A patient presents at a hospital A&E department with clear symptoms of a bone fracture. The doctor does not refer the patient for imaging tests. The failure to diagnose and treat the fracture leads to long-term chronic pain.
- Imaging errors. A patient’s X-ray results are misinterpreted by a radiologist, missing a fracture in their tibia. This delays treatment, leading to malunion, instability, and permanent disability.
- Inadequate examination. A patient repeatedly presents to their GP with ongoing pain in their arm. The doctor carries out a clinical examination and erroneously diagnoses a soft tissue injury, without further investigation. The patient eventually presents to an A&E department where imaging shows a fracture which has deteriorated and which requires surgical intervention.
These examples highlight how medical professionals can fail to meet acceptable standards of care. Please contact our team to learn more about medical negligence claims for missed fractures.
What Are The Complications Of Fracture Not Being Diagnosed?
The complications of fractures not being diagnosed can include damage to the surrounding tissues, such as blood vessels and organs, infections, and weakened bone strength, impairing the ability to complete daily tasks.
When a fracture is missed, the bone may heal incorrectly, causing avoidable, long-term problems. Potential complications caused by undiagnosed or untreated fractures can include,
- Malunion. Where the bone is misaligned or heals in an incorrect position.
- Non-union/ delayed union. The bone either does not heal or does so at a much slower rate, leading to prolonged recovery and instability.
- Avascular necrosis. The fracture damages the blood supply to the bone causing tissue death.
- Infection. Where there was also a laceration, tissue could be exposed to bacteria. This could lead to osteomyelitis which spreads and becomes serious.
- Damage to nerves and blood vessels. The fracture may cause a severed or pinched nerve causing weakness or damage to blood vessels leading to loss of blood supply.
- Osteoarthritis. Untreated fractures on or close to joints can damage cartilage causing post-traumatic arthritis.
- Psychological harm. Prolonged recovery or disabilities can cause anxiety and depression, as well as reducing your overall quality of life.
- Compartment syndrome. This may be caused by bleeding and swelling increasing pressure within the muscle compartment. This reduces or cuts off blood flow resulting in tissue damage.
These are some of the potential complications of the missed fractures and delayed treatment. If you suffered unnecessary harm due to a fracture not being diagnosed, please speak to an advisor.
How To Claim For An Undiagnosed Fracture
To make a claim for an undiagnosed fracture, you need to act within the appropriate time limit, collect evidence, and show a medical professional failed to meet their duty of care.
Time limits for missed fracture claims,
- Adults, claiming on their own behalf have 3 years to file a claim starting either on the date harm occurred, or the date you realised you had been harmed unnecessarily due to subtandard treatment (the date of knowledge).
- Children, the 3 year period does not begin until they are 18.
- Reduced mental capacity, there is no time limit unless the person regains their mental capacity.
These time limits are set by the Limitation Act 1980. Failing to file a claim within this period could lead to it being statute-barred. A litigation friend may make a claim on behalf of either a child, or an adult with reduced mental capacity. To do so, they must apply to the court to act in this role.
Missed fracture claims also require sufficient evidence to clearly show that the case meets the eligibility criteria outlined earlier. Examples of evidence can include medical records, correspondence with your healthcare provider, a diary of your symptoms, and financial records. You can learn more about how to prove medical negligence in our dedicated resource.
Acting within the time limit and gathering evidence can help to strengthen your missed fracture compensation claim. Speak to an advisor to find out how a No Win No Fee solicitor could support you through the claims process.
No Win No Fee Missed Fracture Compensation
A specialist solicitor from our panel could help you to make a No Win No Fee missed fracture compensation claim. The solicitors on our panel can often work through a Conditional Fee Agreement (CFA). This allows you to make a medical negligence claim, without having to pay for the solicitor’s service fees prior to its starting, or whilst it is in progress.
Additional benefits of a CFA include there being no solicitors’ fees to pay if the claim isn’t successful. If you win, you will be charged a success fee. This is charged as a fixed percentage of your compensation. The percentage is also legally capped.
Legal Helpline could support you by helping you to better understand the claims process. A solicitor from our panel could help you by,
- Outlining how the claims process works.
- Explaining legal terms.
- Negotiating with other parties.
- Gathering strong evidence to prove your case.
- Drafting and submitting any necessary documents for the claim.
Get in touch today to learn more about missed fracture compensation claims.
Contact Legal Helpline
Contact Legal Helpline for further help with your case.
- Call us now on 0333 000 0729.
- Contact us online.
- Talk to us live below.
Learn More
Learn more about making a successful medical negligence claim here.
- Learn how to claim for a misdiagnosed blood clot.
- Check how to claim for the effects of unnecessary surgery.
Find out more about brain cancer misdiagnosis claims.
References.
- View NICE guidelines on fracture management.
- Learn about surgery for fractures and soft tissue injuries here.
- Check your entitlement to Statutory Sick Pay here.
Talk to our advisors about missed fracture compensation claims today.
