Ruptured bicep misdiagnosis
compensation claims

If a ruptured bicep injury has set you back, we'll help you move forward

If your life, or the life of a loved one, has been affected by clinical negligence, 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.

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

You are not alone

A ruptured bicep is a painful injury that if not treated within weeks of injury can become very serious. Despite this GP referrals are sometimes fumbled, meaning the optimum treatment window is missed.

A ruptured bicep is when the bicep muscle becomes detached from the elbow. The condition is relatively easy to diagnose with visible symptoms that include bruising, weakened elbow and a disproportionate bulge in the upper arm.

Solicitors often handle clinical negligence claims for men in their 30's to 50's who have over-exerted themselves in the gym and experienced a painful rupturing of the bicep.

Typically the injured person will then either attend A&E or visit their GP.

If you decide to make a ruptured bicep medical negligence claim, your medical negligence solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you deserve.

Why is it so important to quickly diagnose and treat a ruptured bicep?

The bicep muscle cannot reattach itself to the bone at the elbow. Even if this was possible under the natural healing process, the bicep has contracted to the upper arm and the lower part of the muscle is no longer proximate to the elbow.

After a few weeks the bicep will shorten further and car tissue will form. AT this stage operating becomes significantly more complicated and more likely to fail.

It is therefore critical that an immediate referral is made without delay.

Undiagnosed bicep rupture

All too often the condition is not correctly diagnosed. It is also common for the condition to be correctly diagnosed without an understanding of how serious such an injury can be.

It may be suggested that you have over trained and should rest or that you should take more care next time and lift lighter weights. The patient will probably follow this advice only to return to their GP weeks later and outside the optimum treatment window.

GP failure to refer

Another scenario is when a doctor or GP correctly identifies the condition but either forgets to send a letter of referral or doesn't stress the urgency of treatment when doing so.

Am I eligible for ruptured bicep medical negligence compensation?

Medical negligence claims differ from personal injury claims. To make a successful claim your solicitor will need to establish:

• the care provided to you was below the acceptable standard, and
• this inadequate care resulted in your harm.

Find out online if you can claim with our injury claim calculator. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

How long do I have to make a ruptured bicep negligence claim?

You usually have 3 years to make a ruptured bicep medical negligence claim, from the date you learned you were harmed by the substandard care (the date of knowledge).

How much compensation can I claim for a ruptured bicep medical negligence?

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.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA). The Judicial College publishes a table of guidelines for personal injury awards, to help solicitors to calculate damages.

How is compensation calculated if I have multiple injuries?

Special damages

If it can be proved that your injury left you unable to work, special damages can be awarded for any lost earnings, loss of commission or bonuses, and loss of pension contributions. It may also be possible to claim for loss of future earnings, if the medical prognosis establishes that you won't be able to work for any period in the future.

These damages will also cover the cost of any medical procedures you might need to treat or recover from your ruptured bicep such as corrective surgery, physical therapy and pain medication.

Read more:

A complete list of recoverable losses in a personal injury claim

Clinical negligence claims

Delayed diagnosis of ruptured bicep injuries are usually categorised as clinical negligence. Click on the icon below for more information.

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Author:
Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.