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Almost any bone in the body can be broken or fractured. Injuries run from the seemingly trivial broken finger or toe to the more obvious broken leg, arm or wrist. More serious breaks such as a fractured skull could lead to a brain injury .
However, unless the bone is visibly displaced, symptoms that accompany fractures such as pain, swelling and localised deformity can often be misinterpreted and misdiagnosed as a simple sprain or a strain. The best way to identify a bone fracture is through an x-ray or a CT scan.
The more common types of stable fracture involve a clean break with relatively few outward signs of injury, although a broken bone can penetrate the skin in a compound fracture. Comminuted fractures, where the bone shatters into several pieces, are frequently seen in falls from height.
Where a fracture involves a joint such as the hips, wrists, elbows, knees, thumb or fingers, there is an increased risk of developing arthritis in later years. Regardless of the severity, any type of cracked or broken bone can have a painful and ongoing impact on your health and mobility.
Whatever the cause of your broken or fractured bones or whether you have to endure the consequences of a misdiagnosed fracture, Access Legal's experienced national team of solicitors can help you with a claim to fund the prompt treatment, physiotherapy and rehabilitation you need.
How do I make a bone fracture claim
Claims as a result of surgical error are fortunately relatively rare, but when they do occur it may be associated with subsequent surgeries to remove or modify previously inserted plates or screws.
The first thing to do is to contact an expert law firm like Access Legal which specialises in this type of work as soon as possible. Medical negligence claims are complex and often demanding and there is a time limit (usually three years) within which you can make a claim. It is important that your chosen law firm has both the expertise and established relationships with the appropriate medical experts whose evidence will be crucial to your claim.
How long will my bone fracture claim take
It is impossible to give a standard timescale in these cases. Some people may require additional surgery to correct problems arising from the initial accident. The possible health impact of all the procedures and complications you may have suffered will have to be considered as part of any settlement and that may take some time to establish.
We will need to obtain medical evidence from independent experts detailing exactly what injuries and damage you have suffered.
The way your opponent responds to your claim also influences how long things might take. Sometimes, they'll admit liability quickly on the basis of our evidence and accept our valuation. In other cases, they may require you to be assessed by their own expert and will value the case themselves.
At Access Legal, we need to take time to resolve your claim in your best interest. If you settle too early, you cannot re-open your claim should additional unforeseen problems arise later down the line. We will always aim to resolve your claim without undue delay and can sometimes obtain interim payments so you don’t have to wait until the end of the process before you receive some financial help.
If I have a bone fracture case
A lack of or delay in diagnosis of scaphoid fractures in particular can often require additional bone graft surgery that would not have been necessary had the fracture been diagnosed earlier.
Failures with post-operative care that lead to avoidable complications such as wound infection or sepsis could mean you would have a good case for making a claim.
More about bone fracture claims
Medical negligence claims frequently arise because fractures are missed in Accident and Emergency departments, because x-rays are misinterpreted or not taken at all.
Fractures of the scaphoid bone, one of eight small bones that make up the 'carpal bones' of the wrist are sometimes misdiagnosed. The injury usually results from a fall on an outstretched hand with the wrist extended. A cursory examination may reveal significant tenderness and there may be pain in the wrist accompanied by a decrease in grip strength.
Making a claim may be essential to make sure you do not have any financial worries, especially if you cannot work or enjoy a normal lifestyle due to your injury. If successful, your claim will ensure that you have the proper therapy and equipment to suit your needs as well as funding for comprehensive rehabilitation programmes to aid your recovery.
Lucy Adams is a solicitor working in the clinical negligence department.
View full profileKishma is a solicitor in the Medical Negligence Team, based in our Birmingham office.
View full profileErica Burrows is a Solicitor working in the Clinical Negligence Department.
View full profileSumit is a solicitor working in the medical negligence department.
View full profileSue Prior is a solicitor working in the clinical negligence department.
View full profileSimon is a Fellow of the Chartered Institute of Legal Executives having qualified in 1997 and has been dealing with serious Personal Injury and clinical negligence claims since 1992.
View full profile'You need to have a legal team who are caring, who you absolutely trust and who will tell you the truth. Certainly from our point of view Denise Stephens from Access Legal has been absolutely amazing.'
Most of our UK team are members of the Law Society Personal Injury Panel and the Association of Personal Injury Lawyers (APIL) and have proven expertise in cases involving fractures or broken bones.
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