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Missed Scaphoid Fracture Claims

If you’ve suffered further injury as a result of a missed scaphoid fracture, you could be eligible to make a missed scaphoid fracture claim.

Missed scaphoid fracture compensation claim

If you suffer an injury, the first thing you’ll usually do is go to the doctor or your local A&E department. Naturally, you’ll expect proper treatment and a correct diagnosis, but this isn’t always the case.

One of the most common injuries healthcare professionals miss is a scaphoid fracture. The small boat-shaped bone is located on the wrist, near the thumb, and it’s central to hand movement, despite its size.

If treated promptly, people can make a complete recovery. However, not having treatment for your scaphoid fracture can cause long-term pain and mobility problems.

The good news is victims of negligent medical professionals can claim compensation. To find out more about making a claim, or to see if you could be eligible to make a scaphoid compensation claim, call 0800 234 6438 today and speak to a trained legal advisor for free. If they believe you have a case, they’ll partner you with a specialist personal injury lawyer who will work with you on a no win no fee basis.

What are scaphoid fractures?

Scaphoid fractures typically occur when you fall and put your hand out to stop yourself. They rarely happen due to blunt force trauma because the location of the tiny bone means it’s relatively protected.

Athletes and people more prone to falling over are more likely to experience these fractures, and when the bone breaks, you’ll feel a lot of pain.

The main sign of a scaphoid fracture is a pain in the anatomical snuff box, which is the depressed skin area at the base of your thumb. If you’re wondering why the name is so weird, it’s where people used to place their snuff before sniffing it.

Why do specialists sometimes miss them?

The main problem with these fractures is they’re not as visible on X-Rays as other fractures. Doctors have to actively look for signs of damage, and some fail to do this. A proper examination is key to diagnosing a scaphoid fracture, but some hospitals let patients go without follow-ups.

Hospitals should do X-Rays with scaphoid views, which show different wrist positions. Also, some fractures don’t show immediately, and the hospital should check your scaphoid bone 10-14 days later.

If specialists suspect a fracture but cannot identify it through X-Rays alone, they should order CT and MRI scans.

How are fractures of the scaphoid bone treated?

Scaphoid fractures are treatable, but you might require more extensive treatment if the bone is displaced. For general fractures, patients have a cast up to their elbow for a minimum of six weeks.

Most people wear their cast for around 12 weeks, but the duration can be longer depending on how the bone heals.

Displaced fractures often require surgery, with a small screw in your hand, which brings the bone fragments together.

To find out more about making a claim, or to see if you could be eligible to make a scaphoid compensation claim, call 0800 234 6438 today and speak to a trained legal advisor for free, or request a call back using the form.

Complications from a missed scaphoid fracture

As with any injury, a delayed – or missed – diagnosis can cause long-term pain and complications. A scaphoid injury can be excruciating; without immediate treatment, you could suffer various side effects.

Delayed healing

The fractured scaphoid will take longer to heal or not heal at all. When this happens, it can cause prolonged pain and make it difficult for people to perform everyday tasks.

Plaster casts and splints hold your bones in place so they heal correctly. Without them, you’ll likely be unable to perform everyday tasks, including picking up general items or typing.

Malunion

Not having a cast or splint can also cause your bone to heal incorrectly, called malunion. Patients often experience constant wrist pain and cannot perform simple tasks such as picking up items and gripping.

In most cases, you’ll need surgery to fix the malunion, which might involve a bone graft.

Avascular necrosis

Avascular necrosis occurs when your blood supply stops flowing to the scaphoid bone, causing it to collapse. Instead of occurring immediately, the condition usually happens after a few months and can cause long-term effects.

In severe cases, you might be unable to use your wrist correctly and suffer from osteoarthritis.

Are you eligible to make a scaphoid fracture compensation claim?

If you sought treatment for a scaphoid injury and the hospital failed to identify the fracture, you have the right to claim compensation. As with all medical negligence claims, the key to winning is proving your medical team was negligent.

To find out more about making a claim, or to see if you could be eligible to make a scaphoid compensation claim, call 0800 234 6438 today and speak to a trained legal advisor for free. If they believe you have a case, they’ll partner you with a specialist personal injury lawyer who will work with you on a no win no fee basis.

How do scaphoid fracture misdiagnosis claims work?

Scaphoid fracture compensation claims are similar to medical negligence claims, as they involve proving a medical professional was responsible for failing to treat your injury.

A no win no fee lawyer will take on your case if they feel you’ll win because they won’t receive any fees unless they secure compensation for you. Once the claim begins, your lawyer will take charge – but you’re still involved in the process.

Evidence is central to your claim

If there’s no evidence of your injury, it’s near impossible to prove a misdiagnosed scaphoid fracture. Your lawyer will need to evaluate your medical notes, including when you sought treatment for the fracture and what the hospital did to identify the problem.

Many hospitals might assume the fracture is just a sprained wrist, which shows negligence on their behalf.

Any time off of work, further treatments and difficulties are also evidence, but the critical component is proving negligence.

Putting the case forward

Once your personal injury lawyer has all of the necessary evidence, they’ll calculate compensation based on the negligence you suffered and how the injuries impacted your life.

They’ll then meet with the negligent party’s legal team, often the insurance company. In most cases, you’ll have to attend a medical assessment to strengthen your scaphoid fracture claim, and the negligent party will also want to see proof of your injuries.

Negotiating a settlement

All personal injury solicitors want to secure the maximum compensation for their clients because it means they can take more in fees. However, the negligent party will want to reduce the amount they pay, and the negotiation process is all about reaching a mutual agreement.

Some personal injury claims go to court, but in most cases, the settlement takes place outside of the courtroom.

Moving on with your life

Once your lawyer successfully completes the claim, they’ll take their fee out of your payment, and you’ll receive the rest of the money. Whether you spend it on private treatments or replenish your savings after time off work is entirely up to you.

Get the ball rolling on your personal injury claim today

Missed scaphoid fractures can result in a significant permanent disability, disrupting your quality of life. To find out more about making a claim, or to see if you could be eligible to make a scaphoid compensation claim, call 0800 234 6438 today and speak to a trained legal advisor for free.

If they believe you have a case, they’ll partner you with a specialist personal injury lawyer who will work with you on a no win no fee basis.

FAQs

How long do misdiagnosed fracture claims take?

There’s no set time limit on these claims, as their success depends on numerous factors. Proving negligence is just one of them because your lawyer will also have to negotiate a sum they feel is appropriate.

Most insurance companies prefer to settle claims rather than getting tied into drawn-out negotiations, but it’s best to be realistic when going into the compensation process.

Ultimately, settling too soon means you can lose out on compensation, so it’s best to consult your lawyer about what you want to achieve from the claim.

How long do I have to make a claim?

You have three years to make a scaphoid fracture misdiagnosis claim from the time the injury initially occurred. However, children with these fractures can make a claim when they turn 18 and have three years from this point.

Getting the ball rolling quickly is best because claiming compensation is a complex process.

How much compensation will I receive?

Your compensation depends on multiple factors, including the damages associated with your claim. Personal injury lawyers consider general and special damages when calculating your claim.

General damages refer to the loss of amenities and pain your injuries cause. For example, a simple fractured bone and severe damage to the scaphoid bones fall under the general damage classification.

Special damages are the costs associated with your injuries. For example, time away from work, travel costs, the money for a private MRI scan and anything else associated with your injury.

Guideline compensation amounts

There isn’t a set amount of compensation for a scaphoid fracture, but previous cases allow you to get a general idea of how much money you’ll receive.

  • Minor fractures of the scaphoid bones: £3550 to £4740.
  • Mild fractured scaphoid injury with a prolonged – but complete – recovery: £10,350.
  • Broken scaphoid injuries that result in a mild disability: £12,590 to £24,500.
  • Severe injuries that result in a significant disability: £24,500 to £39,170.
  • Loss of function in the wrist: £47,620 to £59,860.

As you can see, the compensation amounts differ, and it’s best to let your no win no fee lawyer work out a realistic amount of money.

Restricted movement that requires physiotherapy or scaphoid fracture surgery will pay less than a complete loss of functioning in the wrist. However, the only way you’ll know what you can claim is through a medical assessment.

If you’d like to get a ballpark figure, a compensation calculator can be helpful.

Why claim on a no win no fee basis?

A no win no fee personal injury solicitor doesn’t charge any upfront fees, whereas a traditional solicitor does. A missed fracture will cause a lot of pain, and even something as simple as an outstretched hand can be excruciating.

It’s likely that you won’t be able to work and will suffer financially. A no win no, fee medical negligence solicitor comes with zero financial risk, so you won’t be any worse off even if you lose the claim.

Also, these lawyers will only entertain a conditional fee agreement when they’re confident they’ll win, so there’s more peace of mind.

Should I claim as an NHS patient?

Yes, you should! Scaphoid fractures missed by doctors can devastate your life and require more intensive treatment than a simple wrist fracture. If you suffered pain from the NHS’s negligence, you have every right to claim compensation.

It’s also important to remember that the NHS will have insurance, and it’s in place for situations like this.

Also, you can highlight negligence and stop it from happening again.

To find out more about making a claim, or to see if you could be eligible to make a scaphoid compensation claim, call 0800 234 6438 today and speak to a trained legal advisor for free. If they believe you have a case, they’ll partner you with a specialist personal injury lawyer who will work with you on a no win no fee basis.

About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

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