Missed Scaphoid Fracture Claim

Symptoms of a scaphoid injury can be subtle and are easy to misdiagnose or indeed miss completely, which can lead to chronic pain or further complications. Doctors must be aware of the signs and symptoms of a fractured scaphoid - a small bone in the wrist - and take care to make a correct diagnosis. If you have suffered because the diagnosis of your scaphoid fracture was either missed or delayed, JMW can help you to claim compensation to help get your life back on track.

Our legal experts have years of experience in successfully recovering compensation for medical negligence relating to misdiagnosed or incorrect treatment of scaphoid fractures. A compensation claim for a scaphoid fracture will include an amount for the pain and suffering associated with the fracture not being treated properly, and can cover the cost of any medical treatment or transport related to your recovery and necessitated by the delay. If you are unable to work, your lost earnings will also be factored in.

JMW will help you to make a scaphoid fracture claim under a conditional fee agreement, also known as a “no win, no fee” agreement. This means that you can secure the maximum compensation without any financial risk to your own money during the claims process.

To speak to a solicitor about your scaphoid fracture misdiagnosis claim, call JMW on 0345 872 6666, or leave your details via our online enquiry form and we will get back to you.

How JMW Can Help

JMW's team of medical negligence lawyers is led by Eddie Jones and Angharad Hughes, who are highly regarded throughout England and Wales for their successes in supporting clients and settling claims. Members of the team are on the Action against Medical Accidents (AvMA) solicitors panel and the Law Society’s specialist panel for clinical negligence solicitors, which reflects their experience and expertise.

Our professional and friendly team provides comprehensive advice that is easy to understand, and we will guide you through the entire process with support at every stage. We start with a detailed discussion of your circumstances, which can help to determine whether you are eligible to make a claim. If so, we will collect evidence on your behalf, represent you in negotiations with the liable party and work to secure the maximum possible compensation based on your needs following a missed scaphoid fracture.

We take a proactive approach to every case and will keep you updated throughout proceedings. JMW pursues compensation claims for clinical negligence on a no win, no fee basis, which means that there is no financial risk involved. We will always work to secure the maximum compensation for you, based on your specific needs related to your scaphoid fracture.

Meet Our Team

JMW’s clinical negligence solicitors have a wealth of experience in securing compensation for scaphoid injuries. Our thorough understanding of the complexity of these claims and the complications that can arise means that we can secure an amount of compensation that addresses the full impact of the medical negligence.

What Is a Scaphoid Fracture?

A scaphoid fracture is a break in the scaphoid bone. This is a small carpal bone located in the thumb side of the wrist, and it plays a central role in wrist movement and stability by linking the two rows of carpal bones.

There are two types of scaphoid fracture:

• Non-displaced, which is when the fragments of the broken bone have not moved out of position
• Displaced, which is when there is still some movement of the bone fragments

Symptoms can be subtle at first. People often notice pain or tenderness at the base of the thumb, particularly in a small hollow known as the anatomical snuffbox. Swelling may be mild, and movement of the wrist or gripping objects can make the pain worse.

When the pain is manageable, it is not unusual for a scaphoid fracture to be mistaken for a sprain, and standard X-rays do not always show the fracture immediately after the injury. If symptoms suggest a scaphoid fracture but initial X-rays are unclear, a doctor should recommend repeat imaging or use MRI or CT scans to confirm the diagnosis or rule out any ambiguity.

Failing to do so can lead to the injury being missed or misdiagnosed. Scaphoid fractures can be mistaken for sprains but are much more serious, and a failure to diagnose or treat them correctly may represent medical negligence on the part of your doctor.

How Does Medical Negligence Affect Recovery and the Healing of Scaphoid Fractures?

A scaphoid fracture is difficult to locate on an X-ray and is sometimes mistaken for a sprained wrist. However, a scaphoid fracture should be suspected when there is pain and tenderness in the hollow space between the base of the thumb and the wrist.

Failure to immobilise the wrist or undertake corrective surgery within a few days can often lead to a poor outcome for the injury, as the fracture can displace.

Although the majority of scaphoid fractures are diagnosed successfully, in an unfortunate minority of cases, a diagnosis is missed because of errors by medical professionals. At JMW, we have handled a wide variety of cases of this type, with patients suffering from a range of different problems that can lead to the following:

• Poor mobility in the wrist
• Stiffness of the wrist
• Pain in the wrist
• Development of arthritis in the wrist
• Avascular necrosis (death of the bone)

Failure to diagnose a fracture of this type can have a huge impact on the life of the patient, potentially leading to long-term or permanent disability that can affect their ability to work. Even when it does not lead to a disability, a missed fracture that develops can lead to unnecessary harm and require further surgery or treatments to alleviate pain and recover function.

A scaphoid fracture claim for compensation can help to lessen the impact of the disability by providing monies for aids or adaptations that may be required, or for support with household tasks that you may find problematic, due to any restriction in function that you may be left with.

What Is the Process of Making a Scaphoid Fracture Compensation Claim?

Although the details of every claim are different, the process of a compensation claim usually follows a set structure. To show that you are entitled to compensation, we must prove that the duty the healthcare professional held to you (whether that be a doctor, nurse or other medical professional) was breached, and that this caused you unnecessary and avoidable harm.

• Free initial consultation: The process begins when you call JMW. We will discuss the circumstances leading to your injury and the treatment you received to determine whether you are entitled to pursue a claim.
• Gathering evidence: Our specialist team will begin to gather evidence. This will include gathering medical notes and records and reviewing these in detail. We will then assess what further evidence is needed, and from which expert discipline, to comment on the care provided and the avoidable injury sustained.
• Contacting the liable party: We will then draw up a Letter of Claim and send it to the party we believe was liable for your injury, usually an NHS Trust or private healthcare provider. The letter outlines the evidence we have collected and will probably provide an indication of how much compensation we believe you are entitled to.
• The defendant's response: The healthcare provider will have a minimum of four months to investigate the claim and decide whether or not to accept responsibility for the harm you experienced. If they accept liability, we can move directly to negotiating the amount of compensation you should receive. We will always ensure we secure the maximum amount of compensation to cover all of your needs related to your scaphoid injury.
• Court proceedings: In rare cases, when agreement with the defendant cannot be reached, the claim will proceed to court. We will present your case based on the evidence we have collected and work to deliver the compensation you are owed.

Find out more about what this involves in our guide to the medical negligence claims process.

How Much Compensation Can You Claim for a Scaphoid Fracture Misdiagnosis?

There is no standard amount of damages for scaphoid fracture injuries, as every claim is different, and damages are designed to address your individual circumstances. Scaphoid fracture medical negligence claims are divided into general damages and special damages. Each covers a different type of loss arising from the negligent treatment of the injury.

General damages compensate for the pain, suffering and loss of amenity caused by the scaphoid fracture and the way it was managed. In a clinical negligence context, this focuses on the additional harm caused by the error, rather than the original injury alone. This will include any psychological effects linked to long-term symptoms or loss of function, and the development of complications, including avascular necrosis or degenerative wrist arthritis.

The value of general damages depends on the severity of the outcome and how long the symptoms are likely to last. Claims for injuries where wrist function is permanently affected will deliver more compensation than those for scaphoid injuries that are less severe, and from which a patient makes a full recovery.

Special damages cover financial losses and expenses linked to the negligent care. These are calculated based on evidence, and can include both past and future losses. Common examples in scaphoid fracture claims include:

• Loss of earnings for time off work during recovery, and reduced future earning capacity where ongoing wrist problems limit employment options.
• Medical costs for private medical treatment like consultations, imaging, surgery, or physiotherapy.
• Travel expenses for medical appointments.
• Prescription charges and medication costs.
• The cost of aids, adaptations or specialist equipment.
• Care and assistance provided by others, even if this support was given informally by family or friends.
• Any additional childcare or domestic help you may have required during recovery.

Special damages aim to put the claimant back into the financial position they would have been in had the negligence not occurred. In scaphoid fracture clinical negligence claims, both types of damages are assessed together to reflect the full impact of the negligent treatment on the person’s health, work, and daily life. The team at JMW will assess the relevant circumstances and let you know how much compensation you could be entitled to claim.

Is There a Time Limit to Claim Compensation?

In England and Wales, there is a limit within which you must issue court proceedings from the date of the incident or negligence. Any individual will generally have 3 years from the date of the incident or negligence. This applies in almost all cases, although the date from which the time limit begins may not be the date that the injury originally occurred and instead will run from the “date of knowledge” - namely, the date of the correct diagnosis.

In cases where the injured person was a child, the time limit will not start until they turn 18, meaning that they have until their 21st birthday to start a claim. If the person does not have the mental capacity to conduct their own affairs, then the time limits may not apply at all.

Speak to the team at JMW for advice on whether you are eligible to make a scaphoid fracture claim, or read our guide on time limits for medical negligence claims.

Q

What causes a fractured scaphoid?

A

A scaphoid fracture typically occurs after a fall. People often land on an outstretched hand, which is placed to break their fall. If the hand is forced backwards as you fall to the ground, this can lead to a fracture.

Fractures can also occur if you receive a direct blow to your hand, or if your hand is used in an activity such as gymnastics. While these are less frequent causes, they are risk factors that should be assessed by your doctor, as a fracture that is left undiagnosed can have serious consequences.

Q

What are the symptoms of a scaphoid fracture?

A

If you suffer a scaphoid fracture, you may experience the following:

• Pain in the part of the hand between the base of the thumb and the wrist
• Swelling in the hand
• Pain when moving the wrist or thumb
• Pain when attempting to grip hold of an object

Doctors should order appropriate X-rays and follow-up scans of the wrist area if you report these common symptoms. Failing to do so could result in further and ongoing injury being sustained, which could worsen a patient’s condition and prognosis for the future. In the most serious cases, this could result in surgery being required or a complete loss of function in the affected wrist.

Q

Why are scaphoid fractures missed on X-rays?

A

Scaphoid fractures are sometimes missed on X-rays because the scaphoid is a small, irregularly shaped bone that sits deep within the wrist. Its position means fracture lines can be difficult to see on a standard wrist X-ray, particularly if the break is fine or runs along the length of the bone rather than straight across it. Some fractures only become visible when the wrist is positioned in a very specific way, and routine imaging does not always capture this clearly. If dedicated scaphoid views are not taken, or if the images are reviewed quickly in a busy emergency setting, subtle fractures can be overlooked. This is more likely when symptoms appear mild and the injury resembles a wrist sprain.

A scaphoid fracture may not be visible on X-ray at all in the immediate aftermath of an injury. Swelling and early bone changes can mask the fracture line, especially in non-displaced fractures where the bone has not moved out of position. In these cases, the fracture may only become apparent days or weeks later as the area heals. Even in these cases, your doctor may be responsible for a missed diagnosis.