X-Ray Negligence Claims Guide
X-ray negligence can take several forms, and this guide will explore under what circumstances you could claim compensation. We will look at how a value could be assigned to the avoidable harm suffered and the eligibility criteria for medical negligence.
This guide will also examine the mistakes a medical professional could make and what evidence you could gather to support your X-ray negligence claim. To conclude, we will look at the benefits of claiming with legal representation should you have a valid case and want expert advice.
To find out if you can work with a solicitor on our panel, contact our team of advisors now by:
- Calling us on 0161 696 9685
- Filling in our Contact Us form
- Speaking with us via the live chat function on our website
Select A Section
- What Could You Claim For X-Ray Negligence?
- When Could You Make Radiology And X-Ray Negligence Claims?
- Types Of X-Ray Errors
- What Evidence Could Support An X-Ray Negligence Claim?
- Start A No Win No Fee X-Ray Negligence Claim
- Related Claims For Diagnostic Negligence
What Could You Claim For X-Ray Negligence?
You could receive up to two heads of claim in an X-ray negligence case settlement. General damages are the first, which compensate for the pain and suffering you have experienced due to harm from medical negligence.
The amount awarded can vary and is dependent upon several factors, including:
- The extent of your harm and how it’s impacted your life
- The treatments you have required during your rehabilitation
- The time it takes you to recover
Additionally, a legal professional could use the Judicial College Guidelines (JCG) to help work out how much the unnecessary harm you have suffered is valued at. The Judicial College take compensation amounts awarded in previous court cases and uses them to provide valuation brackets depending on the type and severity of the harm suffered. A legal professional could also request a medical report to compare the avoidable harm you have suffered with the JCG guidance figures.
Below is a table of guidance amounts from the JCG relating to different harm. Despite these guidance figures, we cannot guarantee the level of compensation you could receive due to the uniqueness of each case.
Compensation Table
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Pelvis and Hips | Severe (i) | £78,400 to £130,930 | Extensive fractures of the pelvis or a hip injury, resulting in intolerable pain and the requirement of spinal fusion. |
| Severe (iii) | £39,170 to £52,500 | Several types of fracture that leads to the individual requiring a hip replacement fall under this bracket. | |
| Neck | Severe (ii) | £65,740 to £130,930 | Serious fractures or damage in cervical spine, giving rise to disabilities of a considerable severity. |
| Moderate (i) | £24,990 to £38,490 | Fractions or dislocations causing severe immediate symptoms and may require spinal fusion. | |
| Back | Severe (iii) | £38,780 to £69,730 | Disc lesions, fractures or soft tissue damage leading to chronic conditions and some disabilities. |
| Moderate (i) | £27,760 to £38,780 | Compression fractures in the lumbar spine, with substantial risk of osteoarthritis, constant pain and discomfort. | |
| Arm | Permanent and Substantial Disablement | £39,170 to £59,860 | Serious fractures of one or both forearms, significantly affecting the individual functionally or cosmetically permanently. |
| Simple Fracture | £6,610 to £19,200 | Fractures involving the forearm. | |
| Hand | Severe Fractures | Up to £36,740 | Involving fingers, potentially leading to partial amputations and affecting the individuals mechanical function of their hand. |
| Shoulder | Serious | £12,770 to £19,200 | Dislocation of shoulder and damage of the brachial plexus or a fractured humerus providing restricted movement in the shoulder. |
Special Damages
The second head of claim that you could receive is special damages. Special damages recover reasonable losses incurred due to harm you have suffered from medical negligence. To ensure you’re fully compensated for your losses, you should keep all evidence, including:
- Payslips that highlight your loss of earnings if you weren’t able to work
- Invoices if you paid for medical care during your recovery
- Bus tickets if you took public transport as you couldn’t drive
A solicitor could help gather evidence for eligible X-ray negligence misdiagnosis claims as part of the service they provide when taking on a case. To find out the validity of your case, contact our team of advisors now.
When Could You Make Radiology And X-Ray Negligence Claims?
Medical professionals must provide their patients with the correct standard of care, this is part of the duty of care they owe to patients they accept to treat. If a medical professional fails to meet their expected duty, they could be liable for any unnecessary harm you suffer.
To make a claim for X-ray negligence, you need to show that:
- You were owed a duty of care
- There was a breach of the duty of care owed to you
- You suffered unnecessary harm as a result of the breach
To find out if you can claim for medical negligence with a solicitor on our panel, contact one of our advisors now.
What Time Limit Applies To Your Claim?
Under the Limitation Act 1980, you generally have three years to begin a medical negligence claim from the negligent act or omission. However, if you only found out about (or should have been aware of) any avoidable harm later, the three-year time limit would only begin from this date of knowledge.
Furthermore, if someone doesn’t have the capacity to act for themselves, a litigation friend could be appointed to claim for them. In this situation, no time limit would apply. If the individual gained the capacity to act for themselves, and a medical negligence claim had not already been initiated, the three-year time limit would begin.
Also, if someone is under 18, a litigation friend would need to be appointed if a medical negligence claim was to be pursued. At 18, the claimant is now an adult and can make their own claim if no claim has been started by a litigation friend. The time limit of 3 years will begin from this birthday.
Types Of X-Ray Errors
Medical professionals must provide you with the correct standard of care when dealing with you. If they fail to adhere to this standard, you could suffer harm. Below are some examples of errors involving X-rays:
- The radiologist misinterprets the X-ray, so you are diagnosed with a sprain rather than a fracture.
- The X-ray department mixes up your X-ray with another patient subsequently, you are misdiagnosed, which allows your injury to worsen.
- The radiographer X-rays the wrong body part, which causes a delay in your diagnosis.
If you believe you have solid grounds to make a medical negligence claim, contact our team of advisors now for a free case assessment.
What Evidence Could Support An X-Ray Negligence Claim?
When making an X-ray negligence claim, you must consider what evidence you could use to support your case. This is because it is important to prove that you suffered harm as a result of medical negligence and show how it has affected you. Evidence that you could gather includes:
- Your X-ray scans
- Your medical records
- Witness contact details
Bolam Test
The Bolam test can sometimes be used to help determine if an acceptable level of care has been provided. If utilised, medical professionals will be asked if they believe the correct standard of care was applied. Not every case will use the Bolam test; however, if it’s used in your X-ray negligence claim, it will be arranged for you.
Contact an advisor on our team today to see if you’re eligible to make a medical negligence claim.
Start A No Win No Fee X-Ray Negligence Claim
Providing you have an eligible medical negligence claim, you may consider working with a legal professional to assist with the process. Instructing a solicitor on a kind of No Win No Fee basis, under a Conditional Fee Agreement, means that:
- You have no upfront fees to appoint a solicitor
- You don’t have any solicitor fees to pay as the case progresses
- If unsuccessful, you will not need to pay your solicitor for the service they have provided
- If successful, you will pay a success fee, which is a legally capped percentage of the compensation you’re awarded
Moreover, our panel of No Win No Fee solicitors work under this agreement and have years of experience. They also only take on cases they feel have a good chance of success, meaning your time will be used well.
To see if you can instruct a solicitor on our panel to support your X-ray negligence claim, contact one of our advisors now by:
- Calling us on 0161 696 9685
- Filling in our Contact Us form
- Speaking with us via the live chat function on our website
Related Claims For Diagnostic Negligence
We hope this guide has answered any questions you had about X-ray negligence claims, and you can find more of our guides below:
- Medical misdiagnosis claims UK
- Head and neck cancer misdiagnosis
- Is there an average payout for a cancer misdiagnosis?
For some external help, look here:
- When to call 999
- Annual report statistics from the NHS
- Duties of a doctor from the General Medical Council