A medical misdiagnosis occurs when a healthcare professional provides an incorrect, delayed, or missed diagnosis, causing avoidable harm. If negligence can be proven, you may…
Scaphoid fracture compensation claims
If a fractured scaphoid has been misdiagnosed and resulted in avoidable harm, we can help you make a missed scaphoid fracture claim.
We are a claims management company regulated by the Financial Conduct Authority.
Missed Scaphoid Fracture Claims
If a scaphoid fracture is not correctly diagnosed and treated, it can lead to arthritis, reduced wrist mobility, chronic pain and reduced grip strength. If you suffered complications due to medical negligence, you may be eligible to make a scaphoid fracture claim.
Doctors have a duty of care to assess and treat injuries thoroughly, including wrist fractures. If this duty is breached and you suffer avoidable harm as a result, you could have grounds to claim compensation.
Our team of specialist medical negligence solicitors would be happy to offer you a free consultation and advise you on your eligibility to make a claim.
To get started, call 0800 470 0474 today or use our online contact form to request a call back.
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Table of Contents
Am I eligible to make a missed scaphoid fracture claim?
A scaphoid fracture can result from various accidents, including slips, trips and falls, road traffic accidents and workplace accidents. As long as another party was at fault for your accident, you can make a wrist fracture claim and seek compensation from them.
But you can also claim compensation if your scaphoid fracture was missed or poorly treated by a medical professional. To make a successful medical negligence claim, you must prove the following:
- A duty of care – this is expected of every healthcare provider, and it is a legal obligation to meet a reasonable standard of skill and competence.
- A breach of duty – this occurs when the standard of care is not met, for example, by misinterpreting an X-ray.
- Causation – you must prove that the breach of duty directly caused the harm you suffered.
- Damages – this refers to your pain, suffering and related financial losses.
A personal injury solicitor can help determine if you can proceed with a claim and guide you through the claims process.
How do I make a scaphoid fracture misdiagnosis claim?
To make a scaphoid fracture compensation claim, the first thing you should do is get in touch with an experienced medical negligence solicitor. They will assess the merits of your case and guide you through all the steps of the process, which are:
- Gather all relevant medical records and evidence.
- Obtain a report from an independent medical specialist.
- Send a letter of claim to the defendant, outlining the details of your case.
- Negotiate a settlement with the defendant’s insurer.
- Take your claim to court if negotiations fail or liability is denied.
- Receive your compensation if your case is successful.
It is important to mention that you can make a claim against an NHS Trust, as well as against a private healthcare provider. In either case, your case will be handled by their insurer, and the funds for patient care will not be affected.
What evidence do I need to support my scaphoid fracture negligence claim?
A missed scaphoid fracture claim must be supported by evidence to prove the negligence and how it has affected your life. This could include:
- Medical records detailing your consultations, diagnostic tests (such as X-rays) and treatment.
- Medical records detailing the harm you suffered due to the delayed diagnosis.
- An expert medical report assessing whether the standard of care was breached and the long-term impact on your life.
- Your own detailed account of the events, your symptoms and how the misdiagnosis has affected you.
- Photos of any visible injuries or deformities.
- A copy of a formal complaint made to your healthcare provider and their response.
- Proof of related financial losses and expenses, such as loss of earnings, travel costs or rehabilitation.
Your solicitor will help you collect everything you need to secure compensation for your pain and suffering.
What are scaphoid fractures?
A scaphoid fracture is a break in the scaphoid bone. This is one of the small carpal bones of the wrist, located at the bottom of the thumb.
These fractures are common and typically occur when you fall onto an outstretched hand. However, due to the location of the bone and limited blood supply, they can be challenging to diagnose and heal. Possible symptoms include:
- Pain and tenderness on the thumb side of the wrist.
- Swelling around the wrist.
- Difficulty gripping or twisting the thumb or wrist.
If not properly diagnosed and treated, scaphoid fractures can lead to various complications, for which you may be entitled to compensation.
How is a broken scaphoid bone diagnosed and treated?
Diagnosing a scaphoid fracture typically starts with a physical examination of the wrist, followed by imaging such as X-rays, CT scans, or MRIs.
However, this can be tricky, as these fractures can be subtle and do not always appear on the initial X-rays. For this reason, your healthcare provider may ask you to return within a week or two for another set of tests.
Treatment depends on the severity of the break and may involve:
- Immobilising the affected wrist with a cast or splint.
- Surgery with screws or pins, if the fracture is displaced or not healing.
- Medication to ease pain and reduce inflammation and swelling.
- Physiotherapy to restore strength and mobility.
Timely and accurate diagnosis is essential to prevent long-term complications.
What types of medical negligence can lead to a scaphoid fracture being missed?
Several types of medical negligence can lead to a scaphoid fracture claim, including:
- Failing to order appropriate imaging tests, such as MRIs or follow-up X-rays.
- Failing to take an X-ray from the correct angle.
- Failing to interpret scans correctly.
- Inadequate examination of the wrist or symptoms.
- Failing to make a specialist referral.
- Failing to provide follow-up care for ongoing symptoms.
- Not providing adequate treatment for a correctly diagnosed fracture.
It is essential to keep in mind that some misdiagnoses are unavoidable and are not due to negligence. However, you may be entitled to compensation if you had clear symptoms that were overlooked and led to avoidable harm.
What could be the consequences of a missed scaphoid fracture?
As the scaphoid bone has a poor blood supply, it is essential not to miss a fracture. Delayed diagnosis and treatment can result in various complications, including:
- Non-union of the fracture, where the bone fails to heal properly.
- Chronic pain, stiffness and instability.
- Reduced grip strength or range of motion.
- Malunion, where the bone does not heal in the correct position.
- Avascular necrosis can occur when the bone tissue dies due to a lack of blood supply.
- Weakness and loss of function.
- The need for more complex surgery or bone grafts.
- Early-onset arthritis of the wrist.
- Impact on daily activities, work and hobbies.
- Psychological impact, such as stress, depression or anxiety.
Your solicitor will ensure that all the harm you suffered is considered in your claim and that you receive the maximum compensation owed to you.
How long do I have to make a missed scaphoid fracture compensation claim?
You typically have three years to claim from a scaphoid fracture misdiagnosis, starting from when the negligence was discovered. There are a few exceptions:
- For children, the three-year time limit does not begin until their 18th birthday, meaning a claim can be made until they turn 21.
- If the injured party lacks their mental capacity, the time limit is altogether suspended.
That said, the sooner you speak to a solicitor, the better. This will ensure the availability of evidence and improve your chances of success.
How much compensation could I receive for a scaphoid fracture claim?
The compensation for a missed fracture of the scaphoid bone is calculated based on two types of damages:
- General damages cover the pain, suffering and loss of amenity caused by the misdiagnosed wrist fracture.
- Special damages cover related financial losses and expenses, such as private treatments, loss of earnings and travel expenses to medical appointments.
According to our personal injury compensation calculator, you could receive:
- £3,550 to £4,740 for a minor scaphoid fracture injury.
- Up to £10,350 for moderate fractures with prolonged recovery.
- £12,590 to £24,500 for misdiagnosed fractures that result in a permanent disability.
- £24,500 to £39,170 for severe fractures that lead to a significant disability.
- £47,620 to £59,860 for loss of function in the wrist.
Can I make a scaphoid fracture misdiagnosis claim on behalf of my child?
Yes, you could claim compensation for medical negligence on behalf of your child if they suffered avoidable harm due to a misdiagnosed scaphoid fracture.
To represent them, you must first apply to the court to be appointed as their litigation friend. You must provide a certificate of suitability, stating that you can make fair decisions about the claim and that there are no conflicts of interest between you.
The claims process is similar to any other claim for a scaphoid fracture misdiagnosis. However, if you secure compensation, this must be approved by a judge and will be released to your child on their 18th birthday.
You can read more about claiming for your child by visiting our Child Injury Claims page.
How much does it cost to make a missed scaphoid fracture claim?
If you can proceed with a claim for scaphoid fracture negligence, your solicitor will offer you a no win no fee agreement, meaning that:
- You will not incur any upfront costs to start your claim.
- If you lose, you do not have to pay your solicitor anything.
- If you win compensation, a success fee of up to 25% will be deducted from it to cover your solicitor’s costs and work.
To find out if you have a valid scaphoid fracture misdiagnosis claim, call 0800 470 0474 today for a free case assessment or request a call back.
