Like all medical negligence claims, claiming compensation for the misdiagnosis of a fracture has the potential to be complicated. This is due to the fact that establishing negligence and who was responsible for this negligence can be difficult, and a fracture misdiagnosis claim cannot be made unless there is a negligent party. Also, unless you have suffered further injury or deterioration due to your misdiagnosis, it is unlikely you will have a successful claim. By contacting a medical negligence claims solicitor at the first possible moment following the revelation that your fracture was incorrectly diagnosed, you will be able to find out whether or not your claim is worth your while to pursue.
To establish negligence, your solicitor will contact all those involved with treating you when your fracture was diagnosed. Every medical practitioner is contacted because it will not necessarily be the main doctor who is at fault for your misdiagnosis, for instance, a mistake could have been made because of the wrong information being provided due to an administrational error. Your solicitor will not apportion blame at this point; they will simply obtain any relevant medical notes to show to an independent medical expert. This medical expert will determine whether or not another medical practitioner would have made the same misdiagnosis and if it could have been avoided if a different course of action had been followed. Based on what they conclude, your solicitor will decide on whether or not proceed with your claim for compensation for the misdiagnosis of a fracture.
If they decide to proceed, a letter of claim will be sent to the negligent party informing them that you are initiating a fracture misdiagnosis claim against them. If they admit liability, negotiations will begin between your solicitor and the negligent party’s insurance company. If they do not admit responsibility, your solicitor will issue court proceedings. However it is unlikely that such a claim would have to be settled in court. The amount of compensation you will be eligible to receive for when your fracture was incorrectly diagnosed will be reliant on a variety of factors.
The solicitors involved in calculating your claim will first obtain a base value for your claim form The Book of Quantum — a publication that lists numerous negligence injuries and their claim values, depending on their severity and permanency. The figure obtained from this publication will then be adjusted to account for your age, sex, general state of health prior to the wrong diagnosis, the pain and suffering you have endured and the affect it has had on your life subsequently, both psychologically and financially.
Claiming compensation for the misdiagnosis of a fracture has the potential to be complicated; therefore it is advisable that you contact a solicitor at the first possible moment in order to find out the viability of your claim. Not only will a solicitor who has knowledge of your specific situation be able to provide you with more relevant legal advice, they will also be able to advise you on whether or not you have a claim that has a likelihood success.