Have you suffered a misdiagnosis of a tear to the Anterior Cruciate Ligament (ACL)? If so, we could help. This guide looks at who may be eligible to claim medical negligence compensation following an ACL tear misdiagnosis. Additionally, you will find an overview of the duty of care owed by medical professionals when providing care to their patients and who may be eligible to claim if this duty is breached, leading to avoidable harm.
We have provided some illustrative examples of how misdiagnoses can occur and what avoidable harm could be sustained as a result of this. You will also see details on how medical negligence compensation is calculated.
The penultimate section of this guide contains a brief overview of the benefits you can enjoy when working with a specialist medical negligence solicitor from our panel under the specific type of No Win No Fee Agreement that they offer.
Our advisors are available to take your questions on misdiagnosis claims, as well as provide a no-cost assessment of your particular circumstances. You can talk to a member of our team via:
- Phone on 0161 696 9685
- Complete our “Contact Us” form here
- Click the live chat button for a fast response to your queries.
How To Claim For An ACL Tear Misdiagnosis
Select A Section
- How To Claim For An ACL Tear Misdiagnosis
- How Could An ACL Tear Misdiagnosis Happen?
- Proving Your Medical Misdiagnosis Claim
- What Is The Average Misdiagnosis Claim Payout?
- Make A No Win No Fee ACL Tear Misdiagnosis Claim
- Discover More About Medical Misdiagnosis Claims
How To Claim For An ACL Tear Misdiagnosis
Both public and private medical professionals have a duty of care to provide their patients with the correct standard of care. A failure to uphold this duty can cause patients to experience avoidable harm.
In order to begin a medical negligence claim for an ACL tear misdiagnosis, the following criteria need to be satisfied:
- You were owed a duty of care by a medical professional.
- This medical professional breached this duty by failing to provide care at the correct standard.
- This breach caused you to suffer avoidable harm.
Avoidable harm refers to harm that would not have occurred had you been provided with the correct standard of care.
What Is The Time Limit When Claiming For An ACL Tear Misdiagnosis?
In most cases, you will have 3 years to begin a medical negligence claim, as set out by the Limitation Act 1980. The 3 years can be counted from the date of the medical negligence itself or from the date of knowledge. This refers to the date you connected or would have been expected to connect the medical professional breaching their duty of care with the avoidable harm you sustained.
In certain circumstances, exceptions to the general 3-year limit can apply, and an extension may be granted. To learn more about any exceptions that may apply to your claim, contact our advisors today using the details above.
How Could An ACL Tear Misdiagnosis Happen?
The ACL is a band of tissue that connects the thigh bone to the shin bone through the knee joint. The ligament can tear through twisting or over-extension, which in turn can cause instability and loss of movement. Injuries to cartilage in the knee are also common with this type of knee injury.
Below we have given some example scenarios demonstrating how an ACL tear misdiagnosis could occur:
- Despite displaying clear symptoms of an ACL tear, a GP incorrectly diagnosed you with a knee sprain and, therefore, did not refer you for further testing. By the time you received the correct diagnosis, you had sustained further torn cartilage and ACL damage.
- Your MRI scan was mixed up with another patient’s due to an administrative error, resulting in a misdiagnosis and delay in treatment.
- You were taken into surgery for an ACL repair following an incorrect diagnosis. The surgeon found your ACL was undamaged meaning you received unnecessary surgery.
Contact our team today for a no-cost consultation regarding your particular circumstances. Our advisors can give further guidance on the medical negligence claims process and address any questions you may have.
Proving Your Medical Misdiagnosis Claim
You will need to provide supporting evidence showing your ACL tear misdiagnosis was the result of medical negligence. We have collated a non-exhaustive list of possible evidence you could collect here:
- Medical documents showing your initial misdiagnosis, such as the misinterpreted scan.
- Any medical documents showing the correct diagnosis and any follow-up treatment to correct the avoidable or unnecessary harm the misdiagnosis caused.
- If someone attended your appointments with you, they could provide a witness statement. Take down their contact information.
ACL Tear Misdiagnosis and The Bolam Test
In certain cases, the Bolam Test can be used. Medical professionals with relevant knowledge are selected to assess the care you received and decide whether or not it met the correct standard. The Bolam Test is not used in every claim, but the findings from the test, if it is used, can be used as supporting evidence for your claim.
You could get support from one of the medical negligence specialists from our panel of solicitors. Our advisors could connect you with a solicitor from our panel if you have valid grounds to begin the claims process. Speak to the team today for a free assessment of your eligibility to claim.
What Is The Average Misdiagnosis Claim Payout?
Compensation for a successful ACL tear misdiagnosis claim can be comprised of two different heads of claim. These are called general and special damages. General damages compensate for the physical and/or psychological impacts of the medical negligence.
Solicitors can refer to the Judicial College Guidelines (JCG) to assist them in calculating the potential value of general damages. The JCG is a document published by the Judicial College that details a wide variety of harm alongside guideline award brackets for each type. You will see relevant brackets from the JCG listed in the table below.
Compensation Table
Please be advised that this table has been included to offer guidance only, not to guarantee the value of specific injuries.
| Type of Harm | Severity | Guideline Amount | Notes |
|---|---|---|---|
| Knee Injuries | Severe (a)(i) | £69,730 to £96,210 | Serious injury where there has been a gross disruption of the joint, severe ligament damage, considerable pain and loss of movement. |
| Severe (a)(iii) | £26,190 to £43,460 | Ligament damage involving continuing symptoms of pain and discomfort, as well as instantly and movement limitation. | |
| Moderate (b)(i) | £14,840 to £26,190 | Dislocation, meniscus or torn cartilage resulting in minor instability, weakness and muscle wasting. Injuries that exacerbate pre-existing conditions are also included in this bracket. | |
| Moderate (b)(ii) | Up to £13,740 | Twisting, lacerations and bruising injuries of lesser severity than the above bracket. Cases where there is continuous aching and discomfort will be awarded towards the top of this bracket. | |
| Leg Injuries | Severe (b)(iii) | £39,200 to £54,830 | Serious injuries to joints or ligaments causing instability, prolonged treatment, near certainty of arthritis and extensive scarring. |
| Severe (b)(iv) | £27,760 to £39,200 | Cases where there has been a severe crush injury or complex leg fractures. Award will depend on the extent of muscle wasting, degenerative changes, instability and unsightly scarring. | |
| Less Serious (c)(i) | £17,960 to £27,760 | A serious soft tissue injury where an incomplete recovery is made. |
Can I Claim Special Damages Following An ACL Tear Misdiagnosis?
Special damages can be awarded for the monetary losses stemming from the ACL tear misdiagnosis caused by medical negligence. Costs you could be reimbursed for include:
- Fees for in-home care and support.
- Loss of income.
- The cost of travel to and from work.
- Medical expenses.
Supporting evidence will be required, so be sure to retain copies of your invoices, travel tickets, payslips and other documents showing your financial losses. To get a more detailed estimate of the value of your potential claim, speak to a member of our team for a free no-obligation assessment. Use any of the contact details given below to contact our advisors.
Make A No Win No Fee ACL Tear Misdiagnosis Claim
Speak to our advisors for a no-cost, zero-obligation assessment of your particular circumstances. A medical negligence specialist from our panel of solicitors could offer you a No Win No Fee contract called a Conditional Fee Agreement (CFA) if you have a valid claim.
Making a medical negligence claim following an ACL tear misdiagnosis under a CFA has a number of benefits. These are:
- No initial fee for the solicitor to start working on your claim.
- There will likewise be no ongoing fees for this work during the claims process itself.
- If your claim is lost, you will not pay a fee for the solicitor’s services.
You will be awarded a compensation settlement if your claim is successful. A success fee will be taken from this compensation by the solicitor. The success fee percentage is capped so most of the awarded compensation will go to you.
Our advisors are available to take your questions, as well as provide a no-cost assessment of your particular circumstances. You can talk to a member of our team via:
- Phone on 0161 696 9685
- Complete our “Contact Us” form here
- Click the live chat button for a fast response to your queries.
Discover More About Medical Misdiagnosis Claims
See more of our medical negligence guides here:
- Find out when you can claim for hospital negligence.
- Read our guide on the eligibility criteria that need to be met in order to claim for a cancer misdiagnosis.
- See who could start a claim for walk-in centre negligence.
External resources you may find useful:
- See the NHS Resolution’s Annual Report 2022/23 for some helpful statistics.
- Read more about the role of the General Medical Council on their website.
- The British Medical Journal has published this review of diagnostic errors in medical practice.
We’d like to thank you for reading our guide on starting a medical negligence claim following an ACL Tear Misdiagnosis. For further guidance, or to get a free assessment of your particular circumstances contact our advisors today.