Ruptured Bicep Medical Negligence Compensation Claims
If your life, or the life of a loved one, has been affected by clinical negligence we can help.
The purpose of this guide is to help anyone who has suffered clinical negligence and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
ruptured bicep medical negligence compensation:
A ruptured bicep is a painful injury that if not treated within weeks of injury can become very serious. Despite this GP referrals are often 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 And E or visit their GP.
Why is it so important to treat the injury quickly
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.
Do I have a ruptured bicep medical negligence 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 ruptured bicep medical negligence 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.
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.
The amount of money you could claim for your ruptured bicep medical negligence 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 ruptured bicep medical negligence 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 ruptured bicep medical negligence? (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 ruptured bicep medical negligence 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 ruptured bicep medical negligence will depend entirely on your specific circumstances.
Your ruptured bicep medical negligence 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.
Will a clinical negligence claim affect my benefits?
It may. The receipt of a compensation award could affect the calculation of any means-tested benefits. One approach to protecting your benefits, would be to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Ruptured bicep medical negligence compensation
Calculating how much compensation you can claim for a ruptured bicep medical negligence 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 ruptured bicep medical negligence claim could be worth now:
How long does a ruptured bicep clinical negligence claim take?
The length of time needed to process a ruptured bicep clinical negligence claim can vary considerably.
A simple uncontested medical negligence claim might be concluded in 12 to 24 months. However, if court proceedings are needed a compensation claim a few years. Normally a medical negligence claim will take 12 to 36 months. Read more: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your ruptured bicep medical negligence 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 risk
'No win, no fee' means that if you do not win your ruptured bicep medical negligence claim, you will not have to pay any legal fees at all. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is a legal contract entered into between you and the solicitor.
Our no win, no fee guarantee
If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making a ruptured bicep medical negligence injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my ruptured bicep medical negligence claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my ruptured bicep medical negligence claim?
If your ruptured bicep medical negligence claim is not successful then you do not have to pay any legal fees whatsoever. 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 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
Ruptured bicep medical negligence 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
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.
Read more about this Quittance Legal Expert