Undiagnosed Fracture Claims

Suffering a fracture can be painful and debilitating. If left undiagnosed and untreated, it can lead to further damage to bones and surrounding skin and a great deal of additional pain and suffering.

If you sought medical attention and they failed to diagnose your injury correctly, you could be entitled to make an undiagnosed fracture claim.

To find out if you have a valid personal injury claim, call 0800 470 0474 today for a free consultation or request a call back. This service is provided entirely free of charge and without any obligation to proceed further. If the solicitors can help, they will do so on a 100% no win no fee basis, so there is no financial risk and nothing to pay if your claim is unsuccessful.

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Table of Contents

• Am I entitled to make a missed fracture compensation claim?
  • A duty of care
  • Breach of duty
  • Causation
  • Damages
• How do I make an undiagnosed fracture claim?
• How can I prove liability and support my claim?
• What are the most common symptoms of a fracture?
• How are bone fractures diagnosed and treated?
• How can a fracture be missed?
• What types of fractures are most commonly misdiagnosed?
• What complications can be caused by an undiagnosed fracture that goes untreated?
• How much compensation can I claim for an undiagnosed fracture?
• Can I make a medical negligence claim on behalf of my child?
• What is the time limit to start a missed fracture claim?
• What are the benefits of hiring a solicitor to make a claim for a missed fracture?

Am I entitled to make a missed fracture compensation claim?

Even if it is diagnosed and treated promptly, a broken bone can still impact your daily activities and work duties. When it goes undiagnosed, a fracture can lead to various other avoidable complications, such as arthritis, infections and permanent disability.

To be able to proceed with a personal injury claim, the following elements must be established:

A duty of care

A legal duty is implied whenever you seek medical care and treatment. It refers to the duty of healthcare professionals to exercise a standard of skill and knowledge expected of a specialist in their field.

Breach of duty

A breach of duty occurs when a medical professional fails to meet the standard of care expected of them. Some of the most important considerations that will be made to establish this include:

• Did the doctor ask about your symptoms?
• Did the doctor ask about any incidents which might have caused your symptoms, such as a fall or accident?
• Did the doctor perform a thorough examination, checking for swelling and tenderness?
• Was an x-ray offered and organised?
• Did the doctor ask you about your medical history and discuss previous accidents that you have suffered?
• Was an MRI or CT scan offered and organised?
• Were you misdiagnosed with an incorrect condition, or was no diagnosis provided at all?

Causation

This refers to proving that the breach of duty directly resulted in harm that could have been avoided with proper medical care.

Damages

Damages refers to the level of pain, suffering and financial losses incurred due to the negligence of a medical professional. Your solicitor will calculate your undiagnosed fracture compensation based on the damages you can prove with evidence.

Once these elements are confirmed, your solicitor will be in a strong position to begin negotiating the highest level of compensation they can on your behalf.

How do I make an undiagnosed fracture claim?

If you have been the victim of a fracture misdiagnosis and you want to seek compensation, the first thing you should do is talk to a solicitor. They will offer you a free consultation to assess your case and evaluate your chances of success.

If you can proceed, they would be pleased to help you get the compensation that is rightfully owed to you. They will begin by gathering evidence to support your claim, as detailed in the section below.

Once liability is established and you have enough evidence, your solicitor will send a letter of claim to the defendant. This will outline the alleged negligence, the harm caused and the compensation you expect.

The defendant has four months to send you a letter of response and deny or admit that they have missed or misdiagnosed your fracture. Based on their position, you can begin to negotiate a settlement or your solicitor may advise you to issue court proceedings.

Most claims (more than 96%) are settled out of court. If you win the claim, you should receive compensation directly into your bank account within four weeks.

How can I prove liability and support my claim?

To make a successful claim, your solicitor must prove that the defendant is liable for your suffering. They must also show the level of harm caused to you and how this has affected your life. The types of evidence you can use to establish this include:

• Medical records detailing your symptoms and treatment;
• Copies of diagnostic tests such as X-rays, CT scans or MRIs;
• Photographs of your initial injury, any complications and the recovery process;
• A medical review from an independent specialist who can help establish whether the standard of care you received was below the acceptable standard;
• Statements from loved ones who can confirm how the untreated fracture has affected you;
• A detailed account of what happened;
• Evidence of the additional harm and treatment you needed due to the misdiagnosis;
• A copy of a formal complaint to the NHS or private hospital that treated you;
• You also need financial records to prove the losses and expenses incurred due to the delay in diagnosis.

What are the most common symptoms of a fracture?

Bone fractures are common in several parts of the body, including the legs, feet, arms and fingers. They typically cause severe pain and are often accompanied by a host of other symptoms.

If the fracture remains undiagnosed or untreated, these are likely to increase in severity. Some of the most common symptoms include the following:

• Swelling and bruising over the bone and surrounding area
• Pain that increases when the affected area is moved or touched
• Loss of function and mobility in the affected area
• Numbness, tingling or weakness in the surrounding area
• A deformed appearance in the affected area, such as a lump

Doctors are expected to recognise the above symptoms and order the necessary tests to diagnose a fractured bone correctly. If they fail to do so, it may be possible to hold them accountable for your suffering and make a claim for medical negligence compensation.

How are bone fractures diagnosed and treated?

If you seek medical care, whether through the NHS or at a private clinic, you have the right to be treated fairly and effectively. If a fracture is suspected, your doctor should carefully listen to your symptoms and take the following steps to diagnose your condition:

• Ask you about any recent accidents and activities that might have caused your symptoms;
• Discuss your medical history;
• Carry out a physical exam to check for bruising, swelling or deformity around the injured area and assess the range of motion;
• Order imaging tests such as X-rays, CT scans, MRIs or ultrasounds to confirm a fracture and its severity.

Treatment for your injury will depend on its type and severity. The main goal is to realign the bone and allow it to heal correctly. This could include:

• Immobilisation using a splint, sling or cast to hold the bone in place;
• Manual realignment of the bone if it has shifted out of place;
• For severe fractures, surgical treatment using metal plates, screws, or rods to hold bones together;
• Once the bone has healed, you may need physical therapy to restore mobility and strength.

Anything less than the expected standard of care can entitle you to make a compensation claim if it results in avoidable harm or the worsening of your condition.

How can a fracture be missed?

While the NHS offers some of the best medical services in the world, errors during diagnosis and treatment can still occur.

Bone fractures are most often misdiagnosed when inadequate investigations are carried out. Examples include:

• A failure to organise an x-ray, which would typically be used to confirm a fracture;
• Failing to spot a fracture on an X-ray, CT scan or MRI;
• Dismissing symptoms without a proper physical exam;
• Taking the X-ray poorly or from the wrong angle, which can make the fracture difficult to spot;
• Misinterpreting the symptoms of a fracture as those of a sprain or a pulled muscle.

When this happens, the fracture will be inadequately treated, and you are likely to suffer from worsening symptoms and greater levels of pain.

If you or a loved one suffered due to a fracture left untreated, you may be able to claim compensation for your pain and suffering.

What types of fractures are most commonly misdiagnosed?

Some fractures are more commonly misdiagnosed because they can be subtle on X-rays or can be mistaken for soft tissue injuries. These include:

• Scaphoid fractures are often mistaken for a sprained wrist;
• Stress fractures may appear normal on X-rays in the early stages and can be mistaken for muscle strains;
• Rib fractures can be dismissed as muscle strains or bruised ribs;
• Vertebral fractures are often mistaken for back strain or arthritis;
• Hip fractures may not show up on initial X-rays and may be mistaken for arthritis;
• A fractured patella can be confused with a knee ligament injury.

This list is by no means exhaustive. Many other fractures can be misdiagnosed and result in various avoidable complications if healthcare professionals fail to provide the care and treatment expected of them.

What complications can be caused by an undiagnosed fracture that goes untreated?

A fracture which is not promptly or correctly diagnosed is likely to cause a significant amount of pain and other symptoms to the patient. Moreover, there is an increased risk of additional health problems and complaints.

Some of the related or resulting conditions that can be suffered due to an undiagnosed fracture include:

• Deep Vein Thrombosis (DVT) – blood clots forming in deep veins, such as those of the legs, which can be life-threatening if they travel around the body
• Compartment Syndrome – a potentially dangerous condition which can lead to the need for amputation if not addressed appropriately and swiftly
• Tenderness and stiffness for a lengthened period of time, as well as permanent mobility issues
• Fat embolism – another potentially fatal condition, if not diagnosed and treated quickly, caused by the release of fat deposits from the broken bone into the bloodstream
• Osteomyelitis – a condition where bacteria at the site of the fracture cause inflamed bones and bone marrow, which can be extremely painful
• Necrosis of tissues that do not get enough blood supply if the fracture damages blood vessels

If you have developed additional conditions and extra suffering due to a misdiagnosed fracture, you should be eligible to make a medical negligence claim.

How much compensation can I claim for an undiagnosed fracture?

The amount of compensation for a missed fracture will be a reflection of the level of suffering inflicted on you through the negligent action of the doctor. The more severe your symptoms and the greater their negative impact on your life, the higher your award will be.

Your injury solicitor will be able to pursue compensation for two types of damages:

• General damages. This covers the pain, suffering and impact on the overall quality of life inflicted on you through clinical negligence. Examples include physical pain, mental distress, and impact on hobbies and social life.
• Special damages. This covers the financial losses incurred due to the missed diagnosis of a fracture. These include lost wages due to the inability to work during recovery, treatment costs and mobility aids.

Please check out our compensation calculator for an estimate of how much you could receive if you make a successful claim.

Can I make a medical negligence claim on behalf of my child?

Yes. You can claim for a missed fracture on behalf of your child, as they cannot pursue compensation themselves. The court must first appoint you as their litigation friend to represent them. A solicitor can help you fill in and file all the necessary paperwork for this.

As a litigation friend, you will have to make decisions about the case that are in your child’s best interests. You will also be expected to help gather evidence, liaise with solicitors and refuse or accept a settlement from the defendant.

If you win, a judge must approve the missed fracture compensation amount you settled upon. Once approved, it will be kept in a court bank account or a personal injury trust in your child’s name and released to them on their 18th birthday.

What is the time limit to start a missed fracture claim?

The time limit to claim compensation for a missed fracture is typically three years, starting from when you became aware of the negligence.

However, there are a few exceptions to this rule under the Limitation Act 1980:

• You can make a claim on behalf of a child at any time before the child turns 18. Afterwards, they have until their 21st birthday to start a claim themselves.
• The time limit is suspended if the claimant is a protected party under the Mental Capacity Act 2005. This could be due to a brain injury or a condition such as Down syndrome or Alzheimer’s disease.

Three years may seem like plenty of time, but you should speak to a specialist medical negligence solicitor as soon as possible. That will often give them better access to evidence and will help build a stronger case to win your claim.

What are the benefits of hiring a solicitor to make a claim for a missed fracture?

While this is not a legal requirement, working with a personal injury solicitor can significantly improve your chances of winning compensation. They will be highly experienced in undiagnosed fracture claims and will have specialist knowledge of medical negligence.

Other benefits of using a specialist solicitor to process your claim include:

• A free, no-obligation initial consultation to discuss your case, assess its strength, and explain your legal options in clear terms;
• Local solicitors are available throughout the UK, ensuring you have access to legal representation no matter where you are;
• Excellent reputation and feedback from previous clients, with a proven track record of success;
• Supportive, friendly and welcoming staff that will guide you with care and professionalism throughout the claims process;
• You can get home visits if you are unable to travel due to your injury or other circumstances.

You will also be offered a no win no fee service, which means that you do not have to pay any legal fees upfront, and you only pay if your claim is successful. This ensures peace of mind throughout the process, with no financial risk.

If you would like to discuss making a claim for a missed fracture with a friendly and fully trained legal adviser, contact us by calling 0800 470 0474 or use our online form to request a call back.