Missed Fracture
Compensation Claims
For missed and undiagnosed fractures
If a hospital, A&E or GP missed or misread your fracture, and that delay made things worse, you may be able to make a missed fracture compensation claim. We will explain your options clearly and gently, with no pressure.
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Can you claim for a missed fracture
compensation Claims
You may be able to make a missed fracture compensation claim if the care you received fell below the accepted standard, for example a fracture that was visible on your X-ray but not spotted, and that delay probably caused you a worse outcome. It is not enough that a fracture was missed; it needs to have led to real, avoidable harm.
This applies whether you were treated on the NHS or privately. If your injury was itself caused by an accident that was not your fault, there may also be a separate injury claim; our team can explain how the two fit together.
How a fracture gets missed
A missed fracture compensation claim can arise from any of these, where the care fell below the standard expected.
X-ray misread
A fracture visible on the scan but not spotted or reported, or a report not passed on to the treating team.
No imaging ordered
An X-ray that should have been arranged but was not, or the wrong view taken so the fracture did not show.
Assumed to be a sprain
A broken bone misdiagnosed as a sprain or a soft-tissue injury, so it was not treated as a fracture. Misdiagnosed fracture claims often start this way.
No follow-up
Ongoing or worsening symptoms not reviewed, and no repeat imaging when the pain did not settle.
Poor examination
An incomplete history or examination that missed the signs pointing to a fracture.
The harm it causes
A delay can lead to a bone healing in the wrong position (malunion), failing to heal (non-union), or needing surgery.
Commonly missed fractures
Some fractures are harder to see and are missed more often. We handle claims for these and others, including:
Scaphoid (wrist)
Often invisible at first and easily missed on an early X-ray.
Ankle and foot
Mistaken for a sprain, so not treated as a fracture.
Hip
Some hip fractures do not show clearly on a first X-ray.
Elbow and finger
Small breaks that are easy to overlook without care.
Rib and cheekbone
Sometimes not imaged or not clearly seen.
Neck and spine
Serious if missed, and a claim should be looked at carefully.
How much compensation for a
missed fracture?
Every claim is different, so it is not possible to promise a figure or give an average that would mean much. What matters is the fracture, how the delay affected you, and the losses it caused.
For the injury itself, the courts use the Judicial College Guidelines, which set out bracket ranges by severity. These are guidance, not a promise, and the right figure depends on an independent medical assessment.
- The extra pain and suffering the delay caused
- Corrective surgery, treatment and rehabilitation
- Lost earnings, now and in the future
- Care, travel and home adaptations if needed
A missed fracture claim reflects only the extra harm caused by the delay, over and above the original injury. Your solicitor will explain how that is worked out once the medical evidence is in, and an interim payment can sometimes help with costs before the claim ends.
- A claim for a child, brought by a parent or guardian
- A claim for someone lacking mental capacity
- A claim by the family where a loved one has died
Claiming on behalf of someone else
You can claim for a child, as a parent or guardian, and for an adult who lacks the mental capacity to claim for themselves. If a loved one died and negligent care contributed to it, the family may also be able to bring a claim.
We handle these situations sensitively and at your pace, and we will explain clearly who can claim and how.
How a missed fracture claim is proven
You do not need to gather the evidence yourself. We arrange the records and the independent experts, including a fresh look at your scans.
Found out a long time later? That does not necessarily stop a claim. The time limit can run from when you realised the fracture had been missed, not from the original injury. It is worth asking us to check.
No Win No Fee missed
fracture claims
Where a claim can be taken on this basis, you can start without paying anything upfront. If the claim is unsuccessful, you will not pay a fee for our work, subject to the terms of your agreement.
If the claim succeeds, an agreed success fee is deducted from the compensation. Your solicitor will explain this clearly, in plain English, before you commit to anything.
You will see the full terms in writing before your claim begins.
Frequently Asked Questions
Everything you need to know before starting your claim.
Can you sue for a missed fracture?
You may be able to, if the care fell below the accepted standard and the delay probably caused you a worse outcome, such as a bone healing wrong or needing surgery. It is not enough that a fracture was missed; it needs to have made a real difference. We can look into whether that applies, with no obligation.
What if my X-ray or scan was misread?
This is one of the most common reasons a fracture is missed. If the break was visible on the scan but was not recognised or reported, that may amount to negligence. We arrange for an independent radiology expert to re-examine your scans and give an honest view.
Can I claim if my fracture healed in the wrong position?
Possibly. If the fracture healed in the wrong position (malunion) or did not heal at all (non-union) because it was not diagnosed in time, and that led to further problems or surgery, a claim may be possible. Tell us what happened and we will look into it.
How much compensation could I get for a missed fracture?
It depends on the fracture, how the delay affected you, and the losses it caused. The courts use the Judicial College Guidelines, which set out bracket ranges by severity as guidance only. We cannot promise a figure or a meaningful average, but once a medical report is prepared, your solicitor can explain what your claim may be worth.
Can I claim against the NHS, and how long do I have?
Yes, you can claim against the NHS, and NHS claims are handled by NHS Resolution rather than affecting your future care. Private care can also be the subject of a claim. The time limit is usually three years from the date you knew the fracture had been missed, with different rules for children and where a person lacks mental capacity. If you are unsure, ask us to check.
Talk to us, gently and in confidence
Tell us a little about what happened, and we will look into it and get back to you. There is no pressure and no obligation, and a first conversation is free.
- Free, no-obligation and confidential
- No Win No Fee available
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Medical negligence claims we handle
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Whether you want to make a claim or simply understand what happened, we can help. A first conversation is free, confidential and without any obligation.
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