Fractured Scaphoid Misdiagnosis Compensation Claims

If your life, or the life of a loved one, has been affected by a fractured scaphoid misdiagnosis, we can help.

If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a compensation claim with the help and support of a specialist clinical negligence solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove the negligence happened. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

We can help you make a medical negligence claim on a No Win No Fee basis.

In this article

Introduction

Bone fractures are serious injuries, and should be treated as a major trauma. Despite this, the medical profession is frequently negligent in bone fracture diagnosis

Anyone who has experienced a break will know just how painful they can be. If not dealt with correctly, fractures can worsen and painful complication can occur such as arthritis and infections

A&E departments have state of the art X-ray technology at their disposal to help them identify breaks and fractures. Once diagnosed doctors will then stabilise the injury so that the bones can heal.

Why are scaphoid injuries so frequently missed and what can be done when they are?

The scaphoid is one of your hand's smaller bones, located just under the thumb and forming part of your wrist. This little piece of bone is protected by surrounding tissues, but a high impact injury such as a fall can cause a fracture. Goalkeepers are especially prone to this injury.

Scaphoid fractures are often unidentifiable on an X-ray until a week or so after the injury, due to swelling around the bone. As a result, they can go undetected if proper A&E procedures are not followed.

If a scaphoid break is suspected, medical staff should take the following action:

  • Give the wrist a full examination and locate the pain site
  • X-ray the injury from all angles
  • Place the wrist and thumb in a secure splint
  • Repeat X-rays within two weeks of the injury

It is critical that the above procedure is followed in the event of a scaphoid break to avoid further complications like persistent pain and arthritis.

Scaphoid injuries can affect your ability to work

Time off work might be required, and some may even find themselves unable to continue in their job due to an untreated scaphoid injury. There might also be a need for surgery to correct the problem. Not taking the above action to identify a scaphoid break could well amount to medical negligence.

If you feel that your own scaphoid injury was treated in the wrong way and if you've experienced problems because of it, you need to speak with an experienced solicitor and get advice. You could be entitled to compensation to cover your loss of earnings and other incurred costs.

For more information or discuss a medical negligence claim, call Quittance on 0800 376 1001 or alternatively start a claim online.

How much compensation can I claim for an injury?

The amount of money you could claim for your injury will depend on:

  • the seriousness of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

What is the average injury compensation for an injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an injury will depend entirely on your specific circumstances.

Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.

Can I claim for prescription costs?

Special damages are awarded for costs or losses incurred as a result of the fractured scaphoid misdiagnosis injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.

Calculate my injury compensation

Calculating how much compensation you can claim for an injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your injury claim could be worth now:

Calculate compensation

How long does a fractured scaphoid misdiagnosis claim take?

The length of time needed to secure compensation for a fractured scaphoid misdiagnosis can vary considerably.

A straightforward liability accepted medical negligence claim might be concluded in 12 to 24 months. If the case goes to court however, a claim can take a few years. Typically, a medical negligence claim takes 12 to 36 months. For more information on how long your claim could take, see: How long will my claim take?

How else can a solicitor help me?

Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.

Your solicitor will work with other specialists to provide caring and sensitive support and help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

No win, no fee

No win, no fee removes the risk from making an injury claim. If your claim is unsuccessful, you won't have to pay your solicitor any legal fees.

No win, no fee guarantee

If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of claiming compensation for your injury. Read more about making a No win, no fee claim

What do I pay if I win my injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.

What do I pay if I do not win my injury claim?

If your injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

What is Legal Aid available for?

In 2000, the government abolished the right to legal aid in medical negligence cases. Depending on an individual's circumstances, Legal Aid may be available for discrimination cases, criminal cases, family mediation and court or tribunal representation.

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning medical negligence claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open:

  • 8am to 9pm weekdays
  • 9am to 6pm on Saturday
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

Call me back
  • Tick icon FREE consultation
  • Tick icon Find out if you can claim
  • Tick icon No obligation to start a claim

Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more:

Claiming on behalf of another person.

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher