Missed & Undiagnosed Fracture Compensation Claims

To make a successful missed fracture compensation claim, we must show that the medical professional responsible for your care breached their duty of care. This means proving that another competent doctor, in the same situation, would not have made the same mistake.

Evidence may include:

• Your medical and imaging records (X-rays, CT scans, MRI results).
  
  
• Reports from independent medical experts confirming the fracture should have been detected.
  
  
• Correspondence between hospital departments or your GP and the radiology unit.
  
  
• A detailed timeline of your symptoms and treatment delays.

Our solicitors handle all evidence gathering, expert liaison, and correspondence with the NHS or private provider on your behalf, ensuring your case is fully supported before any claim is made.

Yes. If an NHS doctor, hospital, or radiologist failed to diagnose your fracture correctly, you may be entitled to bring a medical negligence claim. These claims are handled on behalf of NHS organisations by NHS Resolution, the body responsible for managing compensation cases in England.

Your claim is made against the NHS Trust or organisation, not the individual clinician, and it will not affect your future care or treatment.

The NHS operates a dedicated compensation scheme, the Clinical Negligence Scheme for Trusts (CNST), which is specifically designed to cover the cost of negligence claims.

Our solicitors have extensive experience with missed fracture claims, including cases involving A&E departments, minor injury units, and GP surgeries. We’ll ensure your case is handled sensitively and efficiently, securing the compensation you deserve.

This is one of the most common causes of a missed or undiagnosed fracture. If the fracture was visible on the scan but wasn’t recognised or reported correctly, it could be classed as negligence.

Misreading can happen due to:

• A radiologist overlooking faint fracture lines.
  
  
• Poor-quality or incorrect imaging angles.
  
  
• A report not being sent promptly to the treating doctor.

If necessary, we’ll commission an independent radiology expert to re-examine your scans. Their findings often provide decisive proof that the fracture was missed and that earlier treatment would have prevented complications.

Yes. If your fracture healed in the wrong position (malunion) or failed to heal at all (non-union) because it wasn’t diagnosed promptly, you can claim compensation.

These errors can lead to:

• Limited mobility or reduced function.
  
  
• Need for corrective surgery or bone grafts.
  
  
• Chronic pain and osteoarthritis.
  
  
• Permanent disability or reduced earning capacity.

Your compensation would reflect not only the pain and treatment you endured but also the long-term impact on your ability to work and enjoy daily life.

You can still claim even if your missed fracture was discovered long after the original injury, as long as you start your claim within three years of the date you realised (or should have realised) that medical negligence caused your injury.

This rule, called the “date of knowledge”, allows claims where patients only discover the true cause of their ongoing pain much later. For example, you might learn through a later X-ray or scan that your injury was originally a fracture that never healed correctly.

If you’re unsure about whether you’re still in time, contact us immediately. We can confirm your eligibility and ensure no deadlines are missed.

Yes, an independent medical expert will usually assess your condition to help support your claim. They will review your medical history, examine the injury site, and determine whether the delay in diagnosis made your condition worse.

This report helps calculate the correct level of compensation and ensures that the court (or insurer) fully understands how the missed fracture affected your recovery and quality of life.

In most cases, no. Over 90% of medical negligence claims, including missed fracture cases, are settled through negotiation or mediation before reaching court.

However, if the NHS or private provider disputes liability or the compensation amount, court proceedings may be necessary. If that happens, your solicitor will handle everything, preparing your case, briefing medical experts, and representing you in court if required.

Even when proceedings are issued, settlements often occur before the final hearing, saving you additional stress and time.

The timeframe depends on the complexity of your case, the severity of your injuries, and whether fault is admitted early.

• Straightforward claims (where liability is accepted) may settle within 12 to 18 months.
  
  
• More complex cases, especially those involving disputed evidence or multiple experts, can take 2 to 3 years.

During this time, we may secure interim payments — early compensation to help cover treatment costs, rehabilitation, or lost income while your case is ongoing.

Yes. You can make a claim on behalf of:

• A child (under 18) – parents or guardians can claim until the child’s 18th birthday, after which they have until age 21 to bring the claim themselves.
  
  
• A loved one lacking mental capacity under the Mental Capacity Act 2005.
  
  
• A deceased family member, in which case you may claim for both their pain and suffering before death and for any financial dependency losses.

Our solicitors handle these cases with compassion and sensitivity, ensuring your family receives justice and closure.

You can strengthen your claim by keeping:

• Copies of all X-rays, scans, and medical records.
  
  
• GP and hospital appointment notes.
  
  
• Photos of swelling or visible injury.
  
  
• Receipts for medication, treatment, or travel costs.
  
  
• A diary of your symptoms, pain levels, and how your injury affected your daily activities.

We’ll help you gather everything needed and request additional documents from hospitals or clinics through legal channels if necessary.

Absolutely. Private medical providers have the same duty of care as NHS doctors. If a private hospital or specialist failed to diagnose your fracture properly, you can make a claim against them or their insurer.

We regularly act in private healthcare negligence claims, ensuring patients receive fair compensation for avoidable errors, regardless of whether they occurred in public or private care.

If you believe your fracture was missed or undiagnosed, don’t delay. Early advice gives your claim the best chance of success.

Call Claimtime Solicitors on 0800 970 2727 or start your claim online for a free, no-obligation consultation. We’ll listen to your story, gather medical evidence, and explain your next steps clearly, ensuring you’re supported every step of the way.