In this guide, we look at when you could claim against a hospital for a missed lumbar fracture. More specifically, it discusses the criteria you need to meet in order to have valid grounds to seek medical negligence compensation and the evidence you could gather to support your claim.
Additionally, we discuss the duty of care medical professionals in a hospital owe their patients and how a lumbar fracture could be missed if this duty is not adhered to.
You’ll also find a section on how compensation is calculated if you make a successful hospital negligence claim.
Finally, we discuss the benefits of making a claim with a No Win No Fee solicitor from our panel and the terms under which they could offer their helpful services.
Get in touch with our advisors today for more information. You’ll be able to ask them questions regarding your potential claim. To get in touch, you can:
Select A Section
- How To Make A Claim If A Hospital Missed A Lumbar Fracture
- Causes Of Missed Fractures In A Hospital
- What To Do If A Hospital Missed A Lumbar Fracture
- Estimating Payouts For A Missed Lumbar Fracture Claim
- Find Out If A No Win No Fee Solicitor Could Benefit Your Claim For Medical Negligence
- Learn More About Hospital Negligence Claims
If a hospital has missed your lumbar fracture, then you may wish to make a claim for medical negligence compensation. However, there are certain criteria that need to meet for your claim to be considered valid. These are:
- A medical professional owed you a duty of care. If you’ve been treated by a healthcare professional such as a doctor, surgeon, or nurse, then you are owed a duty of care by them. This means that the care they provide you with must meet the correct standard.
- They breached this duty. This is when the care you receive from a medical professional fails to meet the standard that’s required of them.
- You suffered avoidable harm as a result of the breach. Avoidable harm refers to harm that could have been avoided had the correct standard of care been provided.
The criteria above set out the definition of medical negligence and must be met for a claim against a hospital to be valid.
Time Limit For Missed Spinal Fracture Claims
As per the Limitation Act 1980, you have 3 years to begin a medical or clinical negligence claim. This can start either from the date medical negligence occurred or the date you became aware it had occurred. The latter is known as the date of knowledge.
Exceptions to the clinical negligence time limit do exist. For example, if the person is under the age of 18, or the claimant lacks the mental capacity to start legal proceedings themselves, the time limit is paused.
Get in touch with our advisors to find out more about the exceptions to the time limit. They can also provide further guidance on when you could claim if a hospital missed a lumbar fracture.
There are various reasons a hospital could have missed your lumbar fracture. For example:
- A radiologist may fail to interpret an X-ray scan correctly. As a result, your fracture is missed as a result of X-ray negligence and you experience permanent mobility issues from delayed treatment.
- A medical misdiagnosis may occur after a doctor fails to send you for tests despite you exhibiting clear symptoms of a fracture. As a result, you could be given the wrong treatment in the form of the wrong medication in hospital for a different condition.
- Your test results may be mixed up with another patient’s whose results come back clear. As a result, you are sent away without any treatment.
Get in touch today to find out whether you can make a medical negligence claim if a hospital missed your lumbar fracture.
It’s important that you have the evidence to support a claim against a hospital that missed your lumbar fracture. Evidence can help show a medical professional breached the duty of care they owed you and you suffered avoidable harm as a result.
Some examples of the evidence you could gather to support your hospital negligence claim include:
- A diary of your treatment and symptoms. This can include treatment you were given for the incorrect diagnosis or treatment you were later given for the correct condition.
- Copies of medical records. For example, you may have the original X-ray from which the fracture was misdiagnosed or missed. Additionally, you could provide doctor reports or hospital reports.
- Witness contact details. This could be from anyone who attended appointments with you who can provide a statement at a later date.
As part of the clinical negligence claims process, you’ll also be invited to attend an independent medical assessment. This is to assess the nature and severity of the avoidable harm you suffered. The ensuing report can be used as evidence, and also to assist in the valuation of your claim.
Your claim may also be subject to The Bolam Test which involves a panel of relevantly trained medical professionals assessing whether you received the correct standard of care. The results of this investigation can help substantiate your hospital negligence claim.
Call our team if you would like further guidance on building a strong case. If they find you have eligible grounds to continue seeking compensation, they could connect you with an expert medical negligence solicitor from our panel. A solicitor could then assist you with gathering evidence and ensuring your case is submitted in full within the relevant time limits.
Hospital negligence claims are each calculated on an individual basis. As such, payouts awarded in successful cases can vary.
Generally, though, settlements can consist of up to two heads of loss. The first, general damages, compensates for the pain and suffering caused by medical negligence.
Those associated with your case with a responsibility to value general damages can use various resources to help them. For example, they can use your independent medical report alongside a publication called the Judicial College Guidelines (JCG). The JCG contains a list of guideline compensation brackets for different types of harm.
We’ve included some figures from the JCG below, with the exception of the first entry. Please use the table figures as a guide only as payouts for missed fracture compensation claims will vary.
|Multiple severe injuries and illnesses with financial costs
|Compensation for the pain and suffering of medical negligence as well as any financial costs, such as lost income, medical care costs, and travel expenses.
|Up to and above £1,000,000+
|This refers to paralysis affecting the upper and lower body. Various factors are considered when determining the award given, such as the person's age and presence of any depression.
|£324,600 to £403,990
|Referring to paralysis of the lower body. Factors considered when determining the award include the person's life expectancy and age.
|£219,070 to £284,260
|(a) Severe (i)
|Damage to the nerve roots and spinal cord.
|£91,090 to £160,980
|(a) Severe (ii)
|Features of cases in this bracket include nerve root damage with associated sensation loss, mobility impairment, and unsightly scarring.
|£74,160 to £88,430
|(b) Moderate (i)
|Compression of the lumbar vertebrae resulting in substantial risk of osteoarthritis alongside ongoing pain and discomfort.
|£27,760 to £38,780
Could I Be Compensated For Financial Losses In A Missed Fracture Claim?
If a hospital has missed your lumbar fracture, then you could experience a financial impact. Any financial losses caused by medical negligence can be compensated for under special damages.
Examples of the costs you could potentially claim back include:
- Medical bills, such as prescription costs and the cost of walking aids.
- Loss of earnings, if the missed fracture caused you to have to take time off work.
- The cost of adaptations to your home needed as a result of the missed spinal fracture.
You need to provide evidence of any monetary losses. As such, you should keep hold of any documentation, such as receipts, invoices, and payslips.
Reach out to our advisors today to see how much your medical negligence claim could be worth in total. They can value your case for free.
If you’ve suffered because a hospital missed your lumbar fracture, and you’re eligible to claim compensation, then you may find it helpful to have a solicitor assist you.
All of our panel of solicitors work with their clients under a form of No Win No Fee arrangement. Specifically, the arrangement the solicitors on our panel work under is called a Conditional Fee Agreement (CFA).
With a CFA in place, you don’t pay anything upfront for your solicitor’s services, or any fees for their ongoing work during the claims process. If your claim succeeds, your solicitor will take a legally capped percentage from your compensation as their success fee. You do not need to pay this success fee if your missed fracture compensation claim fails.
Talk To Our Team
Get in touch today to find out if you could claim if a hospital missed a lumbar fracture due to medical negligence. An advisor could also connect you with a No Win No Fee medical negligence solicitor from our panel if you have valid grounds to proceed.
To get in touch, you can:
More of our guides relating to medical negligence cases:
- A guide looking at hospital negligence resulting in death and when you could make a compensation claim on behalf of a loved one.
- Learn about orthopaedic negligence injury claims including when you could claim against a negligent medical professional.
- Find examples of hospital negligence and when you could seek compensation with this helpful guide.
Information from other sources:
- Find out how to raise a concern about a doctor with the General Medical Council.
- Helpful annual statistics from NHS Resolution.
- Guidance on claiming statutory sick pay from GOV.UK
If you have any other questions regarding whether you could claim if a hospital missed a lumbar fracture, call our team using the number above.