A Guide to Claiming Fractured Scaphoid Misdiagnosis Compensation
If your life, or the life of a loved one, has been affected by a fractured scaphoid misdiagnosis we can help.
The purpose of this guide is to help anyone who has suffered a fractured scaphoid misdiagnosis and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
Bone fractures are extremely 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.
Do I have a fractured scaphoid misdiagnosis claim?
Medical negligence claims differ from personal injury claims as the following will need to be established:
- there was a breach of duty ("negligence" or "fault"); and
- the breach of duty was the cause of your injury, damage or loss ("causation" or "avoidable harm").
Breach of Duty
A breach of duty means that the standard of care you received was below the standard that could reasonably be expected of a competent healthcare professional.
To establish causation, it will need to be demonstrated that the injury you suffered resulted from the negligent care rather than the underlying condition.
Get an impartial opinion
To get impartial advice on whether you have a claim, speak to a fractured scaphoid misdiagnosis claim expert on 0800 612 7456.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
You can also find out if you have a claim with our Online Claim Checker.
Is compensation always payable?
If an error occurred during treatment and the patient was harmed as a result, this may be referred to as an "undesirable outcome".
Not all treatment that results in an undesirable outcome will result in the payment of compensation.
Sometimes an undesirable outcome is due to a known risk associated with the treatment, or due to a mistake that a doctor could reasonably have made in the circumstances.
How long do I have to start a claim?
If your injury is apparent immediately after medical treatment, you will have 3 years to start a claim.
It may be that the negligent procedure happened more than 3 years ago, but your injury was only diagnosed recently, within the last 3 years. If so, you may still be able to make a claim.
What if your injury was diagnosed months or years after treatment?
You may not be immediately aware of your injury. In some cases, months and even years can pass before symptoms appear.
The law allows you to make a medical negligence claim up to three years after the 'date of knowledge' (when you first learned of the injury).
It is recommended that you start a claim as soon as possible, as medical negligence cases can be complex. Starting your claim sooner will give your solicitor more time to gather medical evidence, assess the extent of your injury and to negotiate interim payments and your final compensation amount.
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 612 7456 or aAlternatively start a claim online.
The amount of money you could claim for your fractured scaphoid misdiagnosis will depend on:
- the extent 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 fractured scaphoid misdiagnosis has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special 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 are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a fractured scaphoid misdiagnosis? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for a fractured scaphoid misdiagnosis claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a fractured scaphoid misdiagnosis will depend entirely on your specific circumstances.
Your fractured scaphoid misdiagnosis compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a fractured scaphoid misdiagnosis injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Fractured scaphoid misdiagnosis compensation calculator
Calculating how much compensation you can claim for a fractured scaphoid misdiagnosis 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 fractured scaphoid misdiagnosis claim could be worth now:
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.
For instance, 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?
Will I still be able to claim for a fractured scaphoid misdiagnosis after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your fractured scaphoid misdiagnosis claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to 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.
No win, no fee
No win, no fee removes the risk from making a fractured scaphoid misdiagnosis 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 fractured scaphoid misdiagnosis injury.
What do I pay if I win my fractured scaphoid misdiagnosis 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 fractured scaphoid misdiagnosis claim?
If your fractured scaphoid misdiagnosis 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.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. fractured scaphoid misdiagnosis claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. In some cases our solicitors can work on a reduced success fee. Call us for more information.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, 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, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Fractured scaphoid misdiagnosis 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.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 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 held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
Read more about this Quittance Legal Expert