If you or anyone has suffered a missed fracture diagnosis and wants to make a legal claim for compensation, you must have sustained a significant injury. The Purpose of this article is to take you through the step by step process of claiming compensation for misdiagnosis of fracture.
Missed or late diagnosis of a broken bone can lead to a major long term damage and you may be able to make a compensation claim. If you are looking for medical advice, please contact our misdiagnosis claims solicitors or feel free to use our injury compensation calculator.
Can The Misdiagnosis Of A Fracture Lead To Medical Negligence Claims?
Absolutely! Complications can arise when a medical professional fails to properly diagnose a fracture, which can result in claiming compensation for misdiagnosis of fracture. And these complications can lead to a life changing injury that will take the patient a long time to recover. If the misdiagnosis was a direct cause of bone injury, then a victim can claim for medical negligence.
You can sue for a missed fracture if the issue is not corrected. If any of your family members have also died due to oversight of a missed fracture, you may be entitled to make a claim on their behalf. If a broken bone is not treated on time, it can result in issues with a patient’s mobility.
When it comes to medical negligence, fracture is classified into two main areas: failure to diagnose and Incorrect medication after diagnosis. A misdiagnosed fracture can result from instances where:
- A radiologist misreads an x-rays film.
- An inexperienced doctor fails to request an x-ray result.
- A broken bone was difficult to identify on x-ray.
- An x-ray was not taken due to uncommon symptoms of fracture.
- The result taken on the x-ray was wrong for the kind of fracture.
- A report of an unclear x-ray is not taken to the specialist for further action.
Commonly Missed Fractures
A fracture happens when a bone is broken in any part of the body and an injury occurs to the structure of the broken part. When a fracture is not identified on time, a patient can suffer from increased pain, slow healing, and complications that may have been avoided with early dictation.
There may be serious consequences that may lead to a longer, more difficult recovery process. Misdiagnosis of a fracture can lead to long-term disability if not corrected on time. Victims of fracture misdiagnosis who have suffered further injuries, can claim compensation within three years from the day the bone fracture was misdiagnosed.
When a hospital fails to diagnose a fracture it can lead to weeks of pain and in severe cases, the fractured bone may fail to heal. Some symptoms may include severe swelling, bleeding, numbness, immobility, deformity and even paralysis. An untreated bone fracture can be life threatening, so if you suspect any of these symptoms you may have a claim.
Misdiagnosis of fracture negligence claims may include compensation for general damages for the injury incurred or special damages to cover loss of funds and other expenses during the course of your treatment.
Sometimes a patient may have to miss work or make changes and adjustments if they have been seriously affected by the missed diagnosis. Missed fractures may be as a result of oversight on x-rays or total failure to carry out x-ray. Below are some commonly missed fractures that any victim can claim compensation for:
- Missed Ankle Fracture.
- Cervical fractures.
- Scaphoid fractures.
- Lumbar fractures.
- Missed Hip Fracture.
- Missed Wrist Fracture.
- Missed Hand Fracture.
- Missed pelvic fracture.
- Missed diagnosis for a hip fracture.
- Missed rib fracture.
- Missed clavicle fracture.
- Missed acetabular fracture.
- Missed neck fracture.
- Missed knee fracture.
- Missed toe fracture.
- Missed avulsion fracture in the ankle.
- Missed cuboid fracture.
- Missed patella fracture.
- Missed lateral malleolus fracture.
How Do I Claim Compensation For Misdiagnosis Of Fracture?
You can get compensation for misdiagnosis of fracture if you can show that your pain is as a result of a missed or delayed diagnosis. In other words, if a medical doctor missed the prognosis of the type of fracture you have, he can be sued for missed fracture claims because he was negligent.
Missed fracture claims can range from the additional excruciating pains the patient experiences to long-term complications from delayed treatment. If you choose to make a claim when a hospital missed your fracture, there is a time limit.
Your compensation claim must also show that you have experienced pain as a result of the delay in treatment. If you think you have a claim after a missed fracture diagnosis you should contact one of our medical negligence experts for free consultation.
The following steps can help you claim compensation if a hospital missed your fracture during diagnosis:
- Seek Legal Council- You need a good personal injury solicitor at every step of your claim process. To claim compensation for misdiagnosis of fracture, they will access your claim and properly investigate.
- Decide on how to fund your claim- You have an option for a no win no fee if you do not have legal aid or an insurance policy.
- Gather all medical records to support your claim- More facts can lead to more possibility of a potential claim. You must have a strong ground to claim compensation for misdiagnosis of fracture.
- Plaintiff sends a letter of claim to the defendant- The accused needs to respond and reach an agreement to either own up or deny the claim.
- Resolution- Claimant decides on settlement. Know How much your valid claim may be worth considering the harm caused. Calculating special or general damages depends on the extent of injury
- Litigation proceedings- If the case does not reach settlement, then the case will proceed to court. Most cases are settled out of court, but a complex case that proceeds to trial can linger for up to eighteen to twenty four months.
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How Quickly Can I Get Compensation For Misdiagnosis Of Fracture?
As an NHS patient when a bone is broken in any part of your body, the NHS has the responsibility to provide standard care. You have the right to be examined, admitted, treated with the quality standard of care as outlined by the government. Any service below that standard due to neglect can constitute fracture and harm, resulting in claiming compensation for misdiagnosis of fracture.
The rate of misread x ray results accounts for seventy-seven percent according to the British Medical Journal. On the other hand, failure to carry out x-ray is about thirteen percent. Settlement largely depends on the extent of the harm done to the patient suffering from an untreated broken bone. Some treatments may require a longer healing process like surgery, physiotherapy, anaesthetic, brace to put bone back in place etc.
All these must be put into consideration, but less severe medical negligence claims might take within twelve to twenty four months to conclude. All misdiagnosis fracture claims vary, more complex cases take a few more years to arrive at a settlement or compensation.
How Much Compensation Can I Receive For My Misdiagnosed Bone Fracture Negligence Claims?
You need an experienced solicitor to get compensation for misdiagnosis of fracture. To Know if you have a misdiagnosis claim, you should be able to establish that a medical professional was negligent in his duty. This means that there was a breach in duty during a doctor-patient relationship.
You must also be able to prove that this neglect brought about your pain, injury and suffering. The harm and damages caused would have been avoided if there was no breach in the duty of care.
The compensation amount you get for your misdiagnosed bone fracture negligence claim depends on the severity of your injury. Your compensation payout depends on several other factors like financial loss, impact on the victim’s quality of life, future care expenses, cost of rehabilitation etc.
To get the highest amount of compensation for late or missed diagnosis of broken bones, you need legal advice from our expert medical negligence solicitors. If you are still unsure whether or not you have a valid claim visit, medical negligence direct to know how much your claim might be worth.
No Win No Fee Fracture Misdiagnosis Claim
If your fracture was left untreated and you are suffering from the pains, you may be eligible to get compensation for medical misdiagnosis claims. Getting compensation can help you cover the financial cost for further treatments, rehabilitation, and further complications that may lead to disability.
If you have grounds for your claim, you can make a successful medical negligence case for misdiagnosis of fracture. For free legal advice contact our Medical Negligence Solicitors who will be happy to help you today. If you think you have a potential missed fracture claim for medical negligence, we can help you start your claim if it is within the legal time limit.
To file a lawsuit against the hospital for a surgeon negligence, talk to one of our dedicated medical misdiagnosis solicitors experienced in bone fracture misdiagnosis cases. Call 0800 644 4240 now to start your claim process today.