Experiencing a fracture is traumatic enough, but when it's missed or wrongly diagnosed, the pain, suffering and long-term impact can be made much worse. Medical professionals have a duty of care to correctly diagnose and treat your injuries. When they fall short, you may be able to claim compensation.

At Switalskis, we understand the stresses you're going through and we're here to help you. Our expert team of solicitors specialises in missed fracture compensation claims. We'll help you navigate the entire legal process from the initial claim through to the final settlement, acting as a trusted partner by your side.

If you've suffered unnecessary pain due to an improperly diagnosed bone fracture, we're committed to making sure that your voice is heard and that the responsible parties are held to account. Through this process, you'll be able to get the support you need to rebuild and move forward.

If you experienced harm due to a missed or misdiagnosed fracture, don't let the opportunity for justice pass you by. Reach out to Switalskis today for a free initial consultation. Our dedicated missed fracture solicitors are ready to listen, advise and fight for the compensation you deserve.

Missed fractures represent a common yet significant issue in healthcare. They happen for various reasons; for example, they may be due to simple human error or system-level failures within healthcare institutions. These include:

• Errors during the initial physical examination or assessment, where medical professionals misinterpret or fail to recognise symptoms of a broken bone. This is a particular risk if the signs are subtle, the patient is unable to communicate effectively, or there are multiple injuries diverting attention.
• Misinterpretation of X-rays, CT scans or MRIs by radiologists or other medical professionals. This may result from a failure to identify a fracture due to its complexity or location, or the quality of the images. In some cases, the healthcare provider may mistake a fracture for another type of injury, or fail to look at the images in a timely manner, causing delays in diagnosis and treatment.
• Administrative errors or communication failures within a healthcare team can lead to missed fractures. For instance, a fracture could be identified correctly on an X-ray, but if the results are not communicated properly to the treating doctor or the patient, appropriate treatment might be delayed.
• Certain fractures, such as scaphoid fractures or stress fractures, can be hard to detect due to their nature. They may not be apparent on initial X-rays, and the pain can sometimes be mistaken for sprains or other less serious injuries. As such, these fractures often go undiagnosed, leading to potential complications.

Despite these challenges, medical professionals have a duty of care to their patients. If a fracture is missed due to negligence or a failure to provide an adequate standard of care, it may be grounds for a missed fracture compensation claim.

Medical negligence, also known as clinical negligence, occurs when a healthcare professional's standard of care falls below what is expected and consequently causes harm to a patient. In the context of missed fractures, this can happen in various ways:

• The healthcare professional failed to appropriately assess a patient's symptoms, or did not adequately respond to their complaints of pain following an injury
• Vital errors were made during the interpretation of the test results
• The fracture was correctly identified, but the subsequent treatment or follow-up care was mismanaged, leading to complications or delayed healing

The key element in any medical negligence claim, including missed fracture claims, is proving that the healthcare provider's breach of duty directly caused your injury, or made it worse. As such, not every missed fracture will qualify as negligence. For example, if a fracture was not visible on initial X-rays but showed up in later examinations, it might not be seen as negligence, especially if the fracture was treated promptly once it was discovered.

In order to make a medical negligence compensation claim, you must prove that the quality of care you received fell below the necessary standard, and that you suffered harm as a direct consequence of that negligent treatment. Speak to the specialist solicitors at Switalskis and we will be able to help you prove this by gathering evidence and building the strongest possible case on your behalf.

When it comes to making a missed fracture claim, it's vital to be aware of the statutory time limit, also known as the limitation period. The general rule in England and Wales is that you have three years from the date of the negligence, or from the date when you first became aware of the negligence (known as the date of knowledge), to bring a claim. This date of knowledge is not necessarily the date the injury happened, but instead when you realised that the injury was caused by someone else's error.

For instance, if a fracture was missed at the time of an accident and only identified several months later, the three-year countdown would start from the date you became aware the fracture was missed.

There are a few exceptions to this rule:

• Children: if the person who suffered the negligence is under 18 at the time, the three-year period doesn't start until their 18th birthday. This means they have until they turn 21 to start legal proceedings.
• Mental capacity: if the person who suffered the negligence lacks mental capacity to make their own decisions, there may be no time limit to make a claim on their behalf.
• Fatal cases: if you are claiming on behalf of a deceased family member who passed away due to complications arising from a missed fracture, the claim must be made within three years of the date of death, or the date of knowledge that negligence treatment caused their death.

Given the complexity of limitation periods and the potential consequences of missing these critical deadlines, we strongly recommend seeking legal advice as soon as you think you may have a claim.

Potential costs are among the biggest concerns our clients have about claiming compensation. At Switalskis, we're committed to making the process as accessible as possible by offering various funding options to meet your needs:

• No win, no fee agreement: also known as a conditional fee agreement (CFA), this is the most common way to fund a missed fracture compensation claim. Under a no win, no fee agreement, you won’t need to pay anything if your claim is unsuccessful. Our costs are written off. If you win your case, a percentage of your compensation will be used to cover our fees. This option allows you to pursue your claim without any financial risk, and we’ll discuss all of the potential costs with you upfront to avoid any surprises.
• Legal expenses insurance: we will begin an insurance policy to cover you for the out-of-pocket costs we experience during the investigation. We have our own insurance provider that we use. However, you may have legal expense cover as part of your home or car insurance policy, which can also be used to fund your claim. We’ll assist you in understanding your policy and liaising with your insurer.
• Legal aid: in very rare cases, Legal Aid may be available for clinical negligence claims, although it’s usually reserved for specific situations. Our team can guide you on whether you might be eligible.

Remember, your first consultation with our clinical negligence solicitors is free and without obligation. We'll discuss the funding options available to you and help you choose the best one for your situation.