Missed Fracture Compensation Claims

If you have suffered a fracture that was not diagnosed by a medical professional, leading to pain and suffering, and/or further injury, you may be in a position to make a missed fracture compensation claim. JMW’s medical negligence team has the experience and knowledge to help you to secure the medical negligence compensation you may be owed.

Compensation can make an enormous difference to your recovery and enable you to move on with your life following the injury. The consequences of a missed or undiagnosed fracture can range from a short period of additional pain to an ongoing disability. You may have lost income or may be facing additional surgery to correct the problem. If this has been necessitated because of the late or missed diagnosis, then these losses can form part of your claim.

At JMW, we are committed to providing clear, independent, compassionate legal guidance on all of the options available to you. We understand the impact an undiagnosed fracture can have on your life and will work to secure the maximum compensation available for you. We typically pursue these claims under a no win, no fee agreement, which means that there is no financial risk involved during the claims process or any litigation that may be required.

If you have experienced harm due to a missed fracture diagnosis, contact the expert medical negligence solicitors at JMW today to learn how we can help. Call us on 0345 872 6666, or complete our online enquiry form to request a call back at your convenience.

How JMW Can Help

The clinical negligence team at JMW is highly experienced in compensation claims for undiagnosed or missed fractures throughout the body. This can include leg, wrist and pelvic fractures. We can provide the expert guidance you need to make sure you are best placed to make a successful claim and secure the compensation to which you are entitled.

Our medical negligence team is headed by leading solicitors Eddie Jones and Angharad Hughes. The team is highly regarded throughout England and Wales and takes a proactive, direct approach to help you get the best possible outcome from an undiagnosed fracture claim. The team includes members of the Action against Medical Accidents (AvMA) solicitor panel and the Law Society's specialist panel for clinical negligence solicitors, underlining their industry-leading credentials.

When you contact JMW, we will discuss your circumstances and advise you on whether or not you are entitled to make a claim. If you decide to move ahead, we will collect evidence on your behalf and build the strongest possible case. Our understanding of the full impact of your injuries will enable us to secure the maximum amount of compensation on your behalf. In most cases, we successfully resolve claims through negotiations without the need for court proceedings.

We are well-versed in claims against the NHS and private healthcare providers on behalf of clients who have sustained injury due to medical negligence. Making a no win, no fee claim with us puts you in a strong position to achieve the best possible outcome with no financial risk. Speak to us about a missed fracture claim today to learn more about our services and how we can help.

Meet Our Team

JMW’s experienced team has a strong track record of success in claiming compensation for undiagnosed or missed fractures. We understand and have access to the medical knowledge required to assess the impact that fractures can have on an individual’s day-to-day life, especially when the correct diagnosis and treatment have not been implemented.

Case Study

When Can I Claim Compensation for a Missed Fracture?

There are several criteria that need to be met to claim compensation for a missed or untreated fracture. The foundation of a medical negligence compensation claim is that a doctor, or another medical professional, owed you a duty of care, that the duty was breached, and finally that as a result of that breach, you have suffered direct and quantifiable harm.

A medical professional may miss a fracture for a number of reasons - the crucial thing to assess is whether that is due to poor care.  Examples are set out below:

• An X-ray not being offered due to the symptoms of the injury
• An X-ray not being offered due to the symptoms of the injury
• Inexperience among the medical staff resulting in an X-ray not being requested
• Failure to spot the fracture on an X-ray
• X-ray results not being passed on to the doctor, meaning no further action was taken

A claim for medical negligence can be brought if it can be proven on the balance of probabilities that the patient experienced a worse outcome than would have been the case had the fracture not been missed, and the necessary treatment implemented. 

There are many examples of harm that can result from a missed or delayed diagnosis and entitle you to compensation. Mistakes in diagnosis or treatment for a fracture can lead to:

• Further pain and a longer recovery period
• Incorrect healing, such as a bone healing in the wrong position and requiring further surgery to correct
• A requirement for more complicated treatment in the future
• Restricted blood flow in the affected area, which can introduce other side effects

If any of the above circumstances have happened to you and you experienced harm as a result, you may be entitled to make a compensation claim.

What Is the Medical Negligence Claims Process?

If you or a loved one have suffered from a fracture being missed, the expert solicitors at JMW can help to prove that the medical professional involved did not act reasonably when assessing the injury, and that this resulted in the injury worsening and causing more pain and suffering than was necessary.

The process starts when you call our team. After a detailed discussion about your fracture and the medical care you received, our specialist solicitors will explain whether you are entitled to make a claim for compensation. If you decide to move ahead, JMW's experts in negligence claims will review relevant medical records to identify evidence to support your case. We will have an independent expert evaluate your medical details and offer their opinion on the standard of care you received. For more information on the evidence you will need to assist your case, read our guide on how to prove medical negligence.

We will send details of your injury and the evidence we have collected to the relevant NHS Trust, or a private healthcare provider where relevant. The defendant will have a few months in which to investigate the claim and respond. If they acknowledge their responsibility for your injuries, we will begin to negotiate over the compensation you are owed. We will always aim to reach a settlement at the earliest opportunity, without compromising on the compensation you will receive. In rare cases, where an agreement can’t be reached, the matter may proceed to court, and JMW will represent you during these proceedings to pursue the compensation you are owed.

Where possible, we will try to obtain interim payments to help pay for any immediate care you may require. The most important consideration is to help you move on with your life and your recovery. You can learn more in our guide to the medical negligence claims process.

How Much Compensation Could I Receive for a Fractured Bone?

There is no set amount fixed for failing to diagnose a fracture, as the damages in each claim are designed to reflect the specific impact of the unnecessary harm you’ve experienced. When you seek compensation, your solicitor will consider the full extent of your injuries and the impact on your life to determine a fair compensation amount.

Compensation is generally broken into two parts: general damages and special damages. General damages cover the unnecessary pain and suffering caused by a failure to diagnose or treat a fracture correctly. This part of the compensation award is based on the Judicial College Guidelines, which provide recommended compensation amounts for different types of injuries. More serious injuries will result in greater compensation, with any long-term complications, psychological impact or reduced ability to engage in day-to-day activities also accounted for.

Special damages cover the financial losses associated with negligent care. This may include:

• Lost earnings due to time taken off work during recovery, or future lost earnings if your ability to work is permanently affected by the injury
• The costs of medical treatment, physiotherapy or corrective surgery
• Travel costs to and from GP or other medical appointments related to your injury
• Expenses related to any care or assistance provided during your recovery, whether by paid carers or family members
• Costs of aids or equipments to support your recovery or accommodate a disability

Missing a fracture can delay your recovery and create further medical complications. As such, making a claim can help you to cover the costs of care, to ease the burden, so you can focus on your recovery.

Are There Time Limits for a Clinical Negligence Claim?

The time limit for a medical negligence claim is usually three years from the date that the negligent care took place, or from when you realised the connection between the harm you experienced and the medical mistake that was responsible.

There are limited exceptions to this three-year requirement - namely, if the claim involves a child or someone who does not have “capacity” to conduct their own affairs  When the injured party is a child, the time limit will not begin until their 18th birthday, meaning that they will have until they are 21 to claim for a missed fracture. For someone who lacks mental capacity, there may be no time limit for a “litigation friend” to claim on their behalf. Learn more in our guide to medical negligence time limits.

Q

How soon could I receive compensation?

A

Every claim is different, and while some are concluded through negotiation within a few months once the claim is put forward, others can take more than a year, especially if court proceedings are necessary. JMW will progress matters diligently, and if we obtain an admission from the other side, we may be able to obtain an interim payment to ease the  financial burden on you whilst we continue to assess the value of the claim. Read our guide to learn more about how long a medical negligence claim takes.

Q

What happens if the missed fracture has caused permanent disability?

A

A missed or undiagnosed fracture can lead to serious complications, ranging from delayed healing or restricted range of movement to the need for further surgery or permanent disability in others. If the result of diagnostic errors or a fracture being left untreated is a permanent disability, you should not delay in seeking legal support. Compensation can cover adaptive devices or medical aids that will help you to adjust to a disability, and any costs related to physiotherapy or other treatments.

Q

Can I still claim if I wasn’t told the fracture was missed right away?

A

Provided it has been fewer than three years since you discovered the fracture, you should still be within the relevant time limits to claim. Our team at JMW will be able to take details and advise you of any concerns. Acting as soon as possible means you will have the best possible chance to secure any compensation you are owed.