Fracture misdiagnosis compensation claims
This article covers everything you need to know about making a successful fracture misdiagnosis compensation claim.
A fracture is a serious injury that should be treated as a priority medical event. Despite this, missed diagnosis of fracture is one of the leading causes of complaint against Accident and Emergency Departments across the UK.
If not dealt with correctly, fractures can have severe and long-term consequences. Missed diagnosis of fracture can cause the bone to degenerate further or lead to complications such as osteoarthritis or infection.
In many cases, the outcome for the patient will be significantly worse than if the fracture had been identified when the patient first sought medical attention.
Anyone who has suffered injury after a missed fracture diagnosis may be eligible to make a clinical and medical negligence claim.
If you were injured as the result of a fracture misdiagnosis in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
A missed diagnosis, or misdiagnosis, occurs whenever a doctor fails to identify the fracture. Misdiagnosis can occur for a number of reasons, including:
- Doctors failing to investigate the symptoms of a fracture
- Inexperienced doctors failing to request an x-ray
- GP negligence, for example, where the doctors misidentifies the fracture as a pulled muscle or sprain
- Lack of swelling and other symptoms in certain types of fracture, such as a scaphoid fracture, such that the doctor fails to spot the problem
- The x-ray being taken from the wrong angle so the fracture is not seen
- Misinterpretation of x-ray results
- The x-ray not being passed on to the medical team for further action.
I have a strong claim - why won't a solicitor take it on?
Without timely treatment, the fracture may fail to knit together or heal in the wrong position. In the short term, the patient is likely to experience additional pain. The delay in diagnosis may also result in the treatment becoming more complicated than it would have been had the fracture been spotted when the patient first visited their doctor.
Missed fractures can also lead to serious long-term problems including reduced range of movement and an increased risk of the patient developing osteoarthritis in the affected area.
These complications can have ramifications for a person's mobility and their ability to work, drive or enjoy hobbies. Loss of earnings and loss of amenity are frequently assessed as part of a missed diagnosis of fracture compensation claim.
To make a successful claim, the injury lawyer will need to establish negligence on the part of the medical team.
Breach of duty occurs whenever the medical professional failed to act reasonably in assessing the injury, by reference to the actions that a competent doctor in the same field might reasonably be expected to have taken.
The injury lawyer must also demonstrate that the missed or late diagnosis of the fracture caused the patient further pain or injury.
As an initial step, the injury lawyer will commission an independent medical examination to assess the impact of the missed diagnosis and determine whether further suffering could have been avoided. The medical report will form the basis of the compensation claim.
Regrettably, not all cases of missed fracture diagnosis will be eligible for a compensation claim. For example, if the mistake was discovered before the patient suffered any damage as a result of the missed diagnosis, then it is unlikely that a claim may be made. An injury solicitor will be able to assess whether or not your potential claim is likely to succeed.
Guaranteed No Win, No Fee fracture misdiagnosis compensation claim - Pay nothing if your claim is unsuccessful
A no win no fee contract (technically referred to as a CFA or Conditional Fee Agreement) is agreed between a claimant and a personal injury lawyer.
A Conditional Fee Agreement is basically the terms under which the solicitor is instructed by the claimant.
The agreement sets out what the lawyers will actually do and how he will be paid if the legal case is won.
If you choose Quittance Personal Injury for your fracture misdiagnosis compensation claim there are absolutely no additional fees , nothing to pay up-front and the peace of mind that you will not be financially out of pocket.
The amount of compensation you will receive depends on a number of factors. Our medical negligence compensation calculator provides an accurate estimate of your likely compensation.
Meet the team
The nationwide network of Quittance solicitors carry out the legal work for all types of medical negligence claim, from more minor injury cases to long-term injuries. Selected on the basis of their track record in recovering compensation, Quittance's panel solicitors have years of dedicated experience recovering compensation for their clients.
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