Missed Fracture Claims: Free Assessment

Illustrative X-ray of fractured lower leg bones
Illustrative X-ray · Wikimedia Commons · CC BY-SA 3.0

Can I claim if my fracture was missed? You may be able to claim if a doctor, radiographer or radiologist failed to spot a broken bone that a reasonably competent professional would have found, and the delay made your injury worse. Many fractures are hard to see on a first X-ray, so a missed fracture is not always negligent. What matters is whether you were given reasonable care, such as proper immobilisation, follow-up and repeat imaging, and whether the delay caused avoidable harm.

Medical Negligence Consultants is a claims management company, authorised and regulated by the Financial Conduct Authority (FRN 836324). We offer a free initial assessment. If your enquiry looks suitable, we refer it to the solicitor on our panel who best suits your needs. We are not a law firm.

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Signs a fracture may have been missed

  • Pain, swelling or bruising that does not improve, or gets worse, after you were told “nothing is broken”
  • Difficulty putting weight on a leg, ankle or hip after an A&E visit
  • Loss of grip or movement in a wrist or hand, especially after a fall onto an outstretched hand
  • A limb that looks deformed or heals at an odd angle
  • A later scan, X-ray or appointment that shows a fracture not reported earlier
  • Being discharged without a cast, splint, crutches or a follow-up plan despite ongoing pain

If you have these symptoms now, get medical advice promptly.

How fractures get missed

  • X-rays misread or not reviewed. Clinicians can overlook a fracture, or an abnormal report is not acted on.
  • No imaging ordered. An X-ray is not requested despite signs of injury.
  • Hidden fractures not followed up. Some scaphoid fractures are invisible on initial X-rays; immobilisation and further imaging may be needed.
  • Hip fractures in older people. Delayed diagnosis can cause deterioration and delay time-sensitive surgery.
  • Children’s injuries. Growth plate fractures may be mistaken for sprains.
  • Poor communication. Results reported after discharge are not passed on.

What a missed fracture claim must prove

  1. Breach of duty. Did care fall below the standard of a reasonably competent professional? Expert opinion is normally needed.
  2. Causation. Did the delay cause avoidable harm, such as a longer recovery, extra surgery or permanent loss of function?

If the fracture would have healed the same way regardless of diagnosis timing, a claim is unlikely to succeed.

Harm that can follow a missed or delayed fracture

  • Non-union or malunion
  • Avascular necrosis, including risks associated with scaphoid and hip fractures
  • Early arthritis
  • Avoidable corrective or more complex surgery
  • Longer time off work, loss of earnings and need for help at home
  • Chronic pain, reduced movement or lasting disability

What compensation can cover

Successful claims may cover pain, suffering and loss of amenity, lost earnings, travel costs, treatment, physiotherapy and care. The amount depends on the individual case. We cannot promise a result or a figure.

Time limits

Most medical negligence claims in England and Wales must be started within three years of negligent care or the relevant date of knowledge. For children, the three years normally starts on their 18th birthday. The time limit may not run while someone lacks mental capacity. Exceptions can be complex, so seek advice early.

How our free assessment works

  1. Tell us what happened. Call or complete the form. We ask about the injury, where you were treated and what happened next.
  2. We assess your enquiry, free of charge. We check whether it may be suitable for a solicitor.
  3. Referral to the right solicitor. If suitable, we refer you to the specialist medical negligence solicitor on our panel who best suits your claim. They advise you on funding and next steps.

What to gather

  • Date and hospital, GP surgery or clinic where you were first assessed
  • Discharge papers, X-ray or scan dates and follow-up letters
  • A timeline of symptoms and when the fracture was found
  • Details of additional treatment, time off work and costs

You do not need records ready to call us. A solicitor can request your medical notes.

Missed fracture claims: FAQs

Is every missed fracture medical negligence?

No. Some fractures do not show on early X-rays. It becomes negligence if the care was below a reasonable standard, for example misreading a clear image or failing to arrange follow-up for a suspected fracture, and that caused avoidable harm.

Can I claim if my fracture was found weeks or months later?

Possibly. The key question is whether earlier diagnosis would have led to a better outcome. A solicitor will take expert advice on this.

Can I claim for a missed fracture in a child?

Yes, a parent or guardian can bring a claim on a child’s behalf. The 3-year limit normally starts at age 18, so the child can usually bring their own claim until age 21. Seek advice early, as evidence is easier to gather sooner.

What if an X-ray was misread by a radiologist or radiographer?

A misreported scan can be a breach of duty if a competent professional would have identified the fracture. Your solicitor can ask an independent radiology expert to review the images.

Does the NHS or a private hospital matter?

Claims can be made about NHS or private care in England and Wales. The solicitor will identify who is responsible.

How much does the free assessment cost?

Nothing. Our initial assessment is free. If we refer you to a solicitor, they will explain funding options, including no win no fee arrangements where available, before you decide.

Are you a law firm?

No. We are a claims management company, FCA regulated (FRN 836324). We refer suitable enquiries to a solicitor on our panel.

How do you choose which solicitor handles my claim?

We match your enquiry to the panel solicitor best suited to your type of injury and circumstances.

Medical Negligence Consultants is authorised and regulated by the Financial Conduct Authority, FRN 836324. We are a claims management company and not a law firm. This is general information, not legal or medical advice.

Related pages: A&E negligence claims · Hospital negligence claims · Surgery negligence claims

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