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Suffering a fracture can be very painful and tiresome. While a broken bone can heal normally within time if you receive adequate medical attention, it can be debilitating if a medical professional fails to diagnose the fracture on time. In such a case, you may be eligible to claim a missed fracture compensation amount.
Our guide focuses on how to claim for a delayed or missed fracture diagnosis and how compensation could be awarded for a successful medical negligence claim. Learn who is eligible to seek compensation for missed fractures and how this delayed diagnosis could occur. We’ll also look at some of the effects of a missed or delayed fracture diagnosis.
If you wish to proceed with a compensation claim, you’ll need supporting evidence. Our guide looks at a few examples of items that could be collected to strengthen your missed fracture compensation claim. Additionally, medical negligence claims must be started within a set time frame and follow a claims process. We explain what these are.
Our guide concludes with a look at how the medical negligence solicitors on our panel can support your claim on a No Win No Fee basis. We also explain what this means for your claim.
Contact us now for free advice on making a successful medical negligence claim:
- Call 0333 000 0729.
- Speak to us directly through live chat.
- Contact us online.
Jump To A Section
- The Average Missed Fracture Compensation Amount
- How Would My Compensation Be Calculated?
- When Could I Claim Compensation For A Missed Fracture?
- Can Fracture Negligence Claims Be Made Against The NHS?
- What Can Cause A Fracture To Be Missed?
- Do Fractures Get Missed Often?
- Can A Missed Fracture Become More Serious?
- How Can I Prove My Fracture Was Missed Due To Negligence?
- Do I Have To Claim Within A Set Time Limit?
- Will I Have To Take The Medical Professionals Who Treated Me To Court?
- How Can Legal Helpline Help Me Determine My Missed Fracture Compensation Amount?
- More Information
The Average Missed Fracture Compensation Amount
You must be wondering how much compensation you could receive. However, knowing the average missed fracture compensation amount would not be of any benefit to you or your claim. This is because every claim is unique in its facts and circumstances. There are various factors which could influence your compensation amount, such as:
- Strength of Evidence
- Severity of fractures
- Negotiations
- Related out-of-pocket costs
- Whether you are eligible to claim for time spent off work recovering
If you’re successful in claiming a missed fracture compensation amount, it could consist of up to two heads of claim (or parts): general and special damages, discussed below.
Your medical negligence solicitor or the person valuing your claim will determine the compensation for your injuries by referring to the Judicial College guidelines (JCG). These Guidelines help those involved with medical negligence claims by providing a list of injuries and harm along with guideline compensation amounts for each. We have compiled some of the JCG figures in the table below. However, this table is to be used only for guidance, and the first row isn’t from the JCG.
| Injury | Compensation Guidelines |
|---|---|
| Multiple Severe Injuries and Special Damages | Up to £250,000+ |
| Neck Injuries- Severe (ii) | £80,240 to £159,770 |
| Back Injuries-Severe (iii) | £47,320 to £85,100 |
| Arm Injuries Resulting in Permanent and Substantial Disablement | £47,810 to £73,050 |
| Pelvis and Hips Injuries- Severe (iii) | £47,810 to £64,070 |
| Hand Injury- Severe Fracture to Fingers | Up to £44,840 |
| Leg Injuries- Less Serious (i)- Fractures From Which An Incomplete Recovery Is Made | £21,920 to £33,880 |
| Ankle Injury- Moderate | £16,770 to £32,450 |
| Foot Injury- Moderate | £16,770 to £30,500 |
| Shoulder Injury- Serious | £15,580 to £23,430 |
How Would My Compensation Be Calculated?
General Damages
This head includes compensation for your physical and psychological injuries, i.e., your actual pain and suffering. These are calculated by using the JCG, which has been discussed above.
Special Damages
This head includes compensation for the financial losses you’ve suffered due to the missed fracture. These could include:
- Loss of earnings, whether it’s due to taking time off from work or losing out on benefits due to demotion.
- Professional care or if a family member devotes time to your care.
- Home and vehicle adaptations.
- Medical treatment and travel costs
- Cost of equipment like plaster and walking stick.
Get in touch today to discuss your claim and how much compensation you could be eligible for. In addition to a free valuation and advice on what evidence you could submit to support claiming for special damages, a member of the advisory team can assess your eligibility. If it seems like you have a valid case, they can connect you to a solicitor from our panel.
When Could I Claim Compensation For A Missed Fracture?
After understanding the missed fracture compensation amount you could receive, let us understand the eligibility to make a claim.
All medical professionals have a duty of care towards their patients. This means that all medical professionals have to follow a standard of treatment and prevent their patients from facing unnecessary harm.
Therefore, you need to prove the following to establish a missed fracture compensation claim:
- You were receiving treatment from a medical professional, i.e., they had a duty of care towards you.
- They failed to provide the proper standard of treatment, causing them to miss out on or misdiagnose your fracture or broken bones.
- As a result of the above, you ended up suffering unnecessary harm or complications.
To determine the eligibility of your claim, you can consult us for a free case assessment.
Can Fracture Negligence Claims Be Made Against The NHS?
The NHS Constitution lays down your rights as a patient and a member of the public if you’re receiving treatment from an NHS professional. This constitution provides the following responsibilities on the part of the NHS staff:
- Providing patients with safe care and protecting them from avoidable harm.
- Accepting accountability and maintaining the standards of professional conduct.
- Maintaining the highest standards of care and service.
- Being open and transparent with the patients and their families.
Therefore, if an NHS professional fails to uphold the above standards and provides negligent treatment, there could be an NHS negligence claim.
A private doctor or health professional is also supposed to uphold general standards while treating you. Therefore, if you suffer due to a missed fracture by a private doctor, you could make a private hospital medical negligence claim.
How Would The NHS Pay For My Compensation?
It is the NHS Resolution which will pay your missed fracture compensation amount in case of a successful claim. We understand that you may feel uncomfortable with the idea of suing the NHS. However, it sets aside a certain amount of money each year to specifically deal with compensation claims. Therefore, you need not worry about the NHS losing out on money.
On the other hand, if your missed fracture claim against a private hospital is successful, you’ll receive compensation from their insurance.
What Can Cause A Fracture To Be Missed?
There are many ways through which a medical professional could miss a fracture, such as:
- Misreading an X-ray showing a fracture.
- A doctor failing to refer their patients for an X-ray.
- An X-ray being taken from a wrong angle.
- A fracture being misinterpreted as a sprain or strain.
Contact our team for more information suing the NHS for misdiagnosis.
Do Fractures Get Missed Often?
The NHS Resolution prepared a March 2022 report on the prevalence of missed fractures and provided some recommendations to mitigate the issue. This report states that there were 78 successful claims between 2015 and 2018 pertaining to missed fractures. In 50 or 64% of these cases, the clinicians conducted the X-ray correctly but failed to identify the abnormality, leading to an incorrect diagnosis. In the remaining 28 cases, the fractures were misdiagnosed as soft tissue injuries.
The report highlighted how much the NHS was strained and suggested an optimum workforce and imaging would help avoid miscommunication and delays. However, these recommendations have also been acknowledged within the report as being impractical in the current scenario.
On the other hand, the National Institute for Health and Care Excellence (NICE) published its research on diagnosing fractures in July 2024. The research highlighted that the missing or delayed diagnosis of fractures occurred in around 3% to 10% of the radiographic cases. This report underscores the strain on the healthcare system and increasing demands. The experts reading the radiography reports were found to be inexperienced or unqualified.
Can A Missed Fracture Become More Serious?
A missed fracture can get more serious and cause grave consequences, such as:
- Arthritis
- Continuous or chronic pain
- Blood clots
- Reduction in blood supply to the bones
- Bone infections which could lead to gangrene or amputation
- Permanent disability
- Swelling
- Bleeding
Want to know more about examples of medical negligence? Speak to us now.
How Can I Prove My Fracture Was Missed Due To Negligence?
If you’re considering claiming a missed fracture compensation amount, you must collect evidence in support of your claim. You could gather proof like:
- Medical records
- Personal statement or diary entry
- Contact details of an eyewitness for a witness statement
- Financial records like bank statements or payslips.
- Copies of the x-rays or scans
Contact us for guidance in collecting evidence.
Do I Have To Claim Within A Set Time Limit?
You normally have three years to start your claim for missed fracture compensation amount according to the Limitation Act 1980. This time limit begins from the date of the missed fracture or when you first realised that your fracture had been missed (date of knowledge).
There are certain cases where the time limit would freeze:
- Minors: Since minors can’t claim for themselves, the time limit would be paused until their 18th birthday.
- Individuals with reduced mental capacity: In this case, the time limit would be paused indefinitely.
A loved one or a trusted adult could claim on behalf of the above persons by becoming a litigation friend. This option is available until:
- The minor turns 18. They will then have 3 years to begin their claim.
- There is a return of mental capacity for the concerned individual. In this case, they will have 3 years to start their claim.
Will I Have To Take The Medical Professionals Who Treated Me To Court?
You need not worry about taking the medical professionals to court for your missed fracture compensation amount. This is because the NHS or the private hospital will try their best to settle your claim out of court. NHS Resolution works on an alternate dispute resolution (ADR) mechanism and strives to support aggrieved patients and their families.
Your claim will only go to court if:
- You aren’t satisfied with the way the NHS resolved your claim.
- The healthcare practice refuses liability.
- There is a failure to come to an agreement with the practice or the NHS.
Speak to us to know how long an NHS claim takes.
How Can Legal Helpline Help Me Determine My Missed Fracture Compensation Amount?
If you choose to make your claim with us, the solicitors on our panel will do their best to determine your missed fracture compensation amount accurately. Our panel of medical negligence solicitors have years of experience in dealing with missed fractures compensation cases, and they can simplify the claims process for you by:
- Handling official communications.
- Providing you with timely updates on your claim.
- Explaining difficult legal terms,
- Compiling evidence.
- Valuing your compensation.
There’s no need to worry about mounting legal costs since our panel offer a No Win No Fee service. They’ll work on your case on a Conditional Fee Agreement (CFA), which means that you won’t have to pay for their services:
- Upfront in the beginning.
- During the pendency of the claim.
- If you lose your case.
Your solicitor will charge a success fee, which is a fixed percentage of your compensation in the event of a successful outcome. There is a legal limit on this percentage, so you need not worry about losing out on a major chunk of your compensation.
Contact Our Solicitors
To know more about claiming on a No Win No Fee basis:
- Call 0333 000 0729.
- Speak to us directly through live chat.
- Contact us online.
More Information
Thank you for reading our guide on claiming a missed fracture compensation amount. Here are some of our other guides:
- Guidance on claiming for a misdiagnosed blood clot.
- Information on unnecessary surgery claims.
- Details on brain cancer misdiagnosis claims.
You may also go through these external links:
- NICE guidelines on fracture management.
- Government guidance on amputations and driving.
- Information from the NHS on arranging transport to and from the hospital.
