New Enquiries Freephone
0800 860 62 65
Existing Clients
Make a Payment

Missed Fractures – Can I make a claim?

by Ridley & Hall in Daxa Patel, Medical Negligence posted January 15, 2018.
Reading time: 0 min read

It is not rare for a break in the bone or serious fractures to be missed when the patient first sees a medical practitioner for help. Sometimes a cursory visual examination will not identify the problem and surprisingly even if an X-ray is taken the fracture can be missed.

The bottom line is if we break a bone we expect it to be identified, diagnosed and treated when we go to the Accident and Emergency department but when a fracture is missed this can lead to a rather lengthy recovery not to mention unnecessary pain as well as long term complications from which a patient may never fully recover.

So what are the commonly missed fractures?

Hand, Hip, Knee, Shoulder, Foot, Ankle, Wrist

Research shows that most of the errors happen in the Accident and Emergency Department when a patient will present with symptoms like acute pain, swelling and bruising numbness, dizziness and perhaps a physical obvious deformity.

When a fracture is missed on the X-ray or there is a failure to arrange for the patient to have an X-ray the patient is left with unnecessary pain and discomfort.

So what are the common complications from a missed fracture?

A patient can develop Avascular necrosis where there is insufficient blood supply to the bone and if the fracture is left untreated there is a real danger the bone becomes dead which can then have a knock on effect of the adjoining joints.

Acute compartment syndrome this is where there is a bleed or swelling in the muscles without urgent treatment the patient can end up with permanent muscle damage or in some cases they may end with an amputation if they suffer an infection.

Deep Vein Thombosis (DVT) is another serious complication when a blood clot forms in the deep vein of the body this is where the vein is damaged by a broken bone. Left untreated in a timely manner the blood clot can move to the lungs and become life-threatening.

Osteomyelitis can occur when there is an infection of the bone this happens when bacteria enters the fracture. Left untreated this can result into a gangrene and may require amputation.

So what is best practice?

Depending on the fracture, its severity and location of the fracture usually an X-ray will identify the extent of the damage. Treatments usually include something as simple as a splint and painkillers or a plaster casts whereas complex fractures say for example fracture of the hip would need bone fracture surgery. All of this ideally should be done in a timely fashion so as to avoid long term problems.

So what happens if you or your loved one has had to endure pain due to a missed fracture?

You can make a claim for medical negligence against the hospital. Our independent medical negligence experts can give you independent legal advice. We have a proven track record of helping clients with such traumas.

So what are the time limits for making a claim?

You have three years from the date of when your fracture was misdiagnosed, or from when you found out of the complications caused by the misdiagnosis. If a claim is not made within the time limit the claim will be statute barred.

If the patient is a minor then the child can pursue a claim while a minor but any court proceedings would need to be issued before the 21st birthday otherwise the claim is out of time.

Where the patient lacks mental capacity there is no time limit to bringing a claim so long as the patient is classed as a protected party under the Limitation Act.

So how can we help?

At Ridley & Hall Solicitors we have a team of lawyers who have the experience and knowledge to assist with a claim for compensation. If you wish to seek advice or have an initial discussion please contact Daxa Patel, a Medical Negligence Partner at Ridley & Hall Solicitors on 01484 533076 or contact her by email for legal advice or please complete our online enquiry form.

Daxa Patel

Daxa Patel Partner – Clinical Negligence & Litigation

Blog

Archives

Posts by Category