Key advice when you claim for a fracture misdiagnosis
- You can claim compensation if a medical professional's actions fell below the expected standard of care.
- Claims can typically be made if a healthcare professional’s misdiagnosis led to improper treatment, delayed healing, or long-term complications.
- A solicitor will base a claim on X-rays, medical records, and expert opinions to show how the misdiagnosis caused you harm.
- You have 3 years from the date of your injury to begin your claim.
- Compensation varies according to your injury's severity, rehabilitation needs and your financial losses or expenses. Use our compensation calculator to estimate your claim.
- Claims can be handled on a no win, no fee basis.
If a fracture misdiagnosis has set you back, we'll help you move forward
Misdiagnosed fractures can worsen over time, leading to claims for delayed treatment and associated pain and suffering.
If your life, or the life of a loved one, has been affected by a missed fracture diagnosis, we can help. If your injuries were caused by the negligence of a doctor, GP, or other medical professional, you may be entitled to claim compensation.
You can make a No Win, No Fee compensation claim with the help and support of a specialist clinical negligence solicitor.
Nearly 80% of A&E diagnostic errors are fractures - you are not alone
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 (A&E) departments.
In a study of a single A&E department, 79.9% of 953 diagnostic errors were missed fractures (emj.bmj.com).
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.
If you have been harmed by a missed fracture diagnosis, you may be eligible to make a medical negligence claims.
If you are looking for information on broken or fractured bone symptoms and treatment, see: nhs.uk.
How much compensation can I claim for fracture misdiagnosis?
Compensation for fracture misdiagnosis is determined by:
- the severity of your injury,
- how your injury affects your everyday life and work,
- any economic losses or costs you?ve incurred due to your injury.
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages are awarded to compensate you for any costs or losses you've incurred or might incur as a result of your accident. These costs might include loss of wages, commission and any other income, damage to your car, or any other out of pocket expenses.
Special damages may also be awarded for medical treatments or procedures that you might need to treat your fracture misdiagnosis, including surgical repair, physical therapy and pain medication.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average fracture misdiagnosis compensation payouts
The following fracture misdiagnosis payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Chest injuries
| Severity | Example | Amount |
|---|---|---|
| Rib fracture or soft tissue injury | Serious pain and/or disability for several weeks | Up to £4,380 |
| Chest injury (no damage to lung) | A chest injury with no significant, permanent lung damage (e.g. a penetrating chest wound) | £13,970 to £19,930 |
Elbow injury
| Severity | Example | Amount |
|---|---|---|
| Recovery within 18 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £3,920 |
| Recovery between 18 to 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £7,210 |
| Recovery after 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms or damage | Up to £13,970 |
Facial injury
| Severity | Example | Amount |
|---|---|---|
| Multiple fractures | Multiple fractures of facial bones, with some facial deformity | £16,530 to £26,560 |
| Skeletal injuries | Le Fort fractures of frontal facial bones | £26,420 to £40,760 |
Finger injury
| Severity | Example | Amount |
|---|---|---|
| Relatively minor injury | Finger fractures that recover in under 6 months, and/or injuries with tenderness, pain in cold weather, or scarring | Up to £5,270 |
| Index finger fracture | Fracture fully heals, but with ongoing pain, disability and an increased risk of osteoarthritis | £10,110 to £13,570 |
| Serious injury | to ring or middle finger | £11,450 to £18,130 |
Jaw injury
| Severity | Example | Amount |
|---|---|---|
| Moderate | Simple fracture requiring immobilisation, and/or with full recovery | £7,160 to £9,690 |
| Serious | Serious fracture, with permanent symptoms (e.g. difficulty eating or nerve damage) | £19,930 to £33,830 |
Knee injury
| Severity | Example | Amount |
|---|---|---|
| Serious | E.g. a leg fracture that extends to the knee joint, or injuries that cause constant pain and restricted movement, and/or a risk of osteoarthritis or future knee surgery | £29,050 to £48,210 |
| Severe | Severe symptoms, including ongoing pain, disability and which are likely to worsen and require future surgery (arthroplasty or arthrodesis) | £57,830 to £77,360 |
Leg injury
| Severity | Example | Amount |
|---|---|---|
| Simple tibia or fibula fracture | Simple fracture with full recovery | Up to £13,140 |
| Simple femur fracture | Simple femur fracture with no damage to articular surfaces | £10,110 to £15,620 |
| More serious fractures | Incomplete fracture recovery with ongoing symptoms | £19,930 to £30,800 |
Nose injury
| Severity | Example | Amount |
|---|---|---|
| Undisplaced fracture | Simple undisplaced fracture with full recovery | £1,890 to £2,800 |
| Displaced fracture | Recovery after manipulation with no surgery required; | £2,800 to £3,500 |
| Displaced fracture with surgery | Complete recovery following surgery | £4,380 to £5,660 |
| Serious/multiple fractures | After surgery, permanent damage to airways with breathing difficulty, and/or nerve damage, scarring or disfigurement | £11,810 to £25,650 |
Pelvis and hip injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Injury with no residual disability and complete recovery in under 2 years | £4,380 to £13,970 |
| Moderate | Ongoing symptoms but no major disability | £13,970 to £43,460 |
| Serious | Including fracture of acetabulum and injuries with a risk of future hip replacement surgery or leg instability | £43,460 to £58,250 |
| Severe | More serious leg injuries with worsening future symptoms | £68,680 to £86,980 |
| Very severe | Including extensive fractures, dislocation, bladder injuries, spondylolisthesis, exteme pain and permanent disability | £86,980 to £145,250 |
Shoulder injury
| Severity | Example | Amount |
|---|---|---|
| Clavicle fracture | Injuries causing some pain and disability, e.g. a displaced, fractured clavicle | £5,710 to £13,580 |
| Serious | Including dislocation of the shoulder and damage to the lower part of the brachial plexus, shoulder, neck and elbow pain, rotator cuff injury, leading to weakened grip and restricted movement | £14,160 to £21,300 |
| Severe | Serious shoulder/brachial plexus injury resulting in significant disability; | £21,300 to £53,280 |
Thumb injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Thumb fracture with recovery in under 6 months, and/or with scarring, tenderness or pain in the cold | Up to £5,270 |
| Dislocation | Severe dislocation of the thumb | £7,040 to £8,630 |
Wrist injury
| Severity | Example | Amount |
|---|---|---|
| Moderate | Uncomplicated Colles' fracture | Around £8,250 |
| Moderate | Fracture or soft tissue injury with complete recovery | £6,750 to £11,480 |
Do I qualify for fracture misdiagnosis compensation?
Yes, you can claim for fracture misdiagnosis, if:
- you were made ill in the last 3 years, and;
- someone else was to blame, and;
- they owed you a duty of care.
Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.
How long do I have to start a fracture misdiagnosis claim?
For a fracture misdiagnosis claim, you usually have 3 years to make a claim from the date you became aware that the harm you suffered was caused by substandard treatment (date of knowledge).
The 3 year limitation period does not apply to minors (under 18s). A parent, guardian or litigation friend can start a claim on a child's behalf up to their 18th birthday and the child has until their 21st birthday to claim for themselves.
How might a fracture be missed?
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.
See also:
Scaphoid fracture compensation claim
Medical misdiagnosis compensation claim
What are the consequences of a missed fracture?
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.
Making a missed diagnosis of fracture 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.
Fracture misdiagnosis clinical negligence claims
Fracture misdiagnosis claims are categorised as clinical negligence. Click the icon below to learn more about the claims process.
Can I make a no win, no fee fracture misdiagnosis claim?
Yes. With no win, no fee, you can claim fracture misdiagnosis compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
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Diagnostic errors in an accident and emergency department | Emergency Medicine Journal (reviewed: 27/07/2024)
Author:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.