Hospital Missed Lumbar Fracture – How To Claim For Medical Negligence
Have you suffered harm because a hospital missed your lumbar fracture? If a medical professional fails to provide the correct level of care and you suffer harm of a particular nature, you might be in an eligible position to claim compensation.
You could pursue a medical negligence claim for compensation following a medical professional acting negligently if you satisfy certain eligibility criteria. So, we discuss what elements must be met to claim compensation due to medical negligence.
To add, for several reasons, your fractured back could have gone undetected during your hospital visit. Therefore, we explore how this might occur and the damage this could cause.
Furthermore, this guide outlines how evidence can aid your efforts and the types you could supply.
Additionally, settlements are awarded to successful medical negligence compensation claims. We therefore look at how your case could be valued and what it could include.
Lastly, although you can make a medical negligence claim by yourself, you may want support through the legal process. Our panel of solicitors provide dedicated support for these cases and offer a specific kind of No Win No Fee agreement for those deemed eligible. This guide examines the benefits of this agreement.
Get hold of our team of advisors today by:
- phoning us on 020 3870 4868
- Filling in our Call Back Form to enquire online
- Speaking with us using our website live chat function
Browse Our Guide
- How To Claim If A Hospital Missed Your Lumbar Fracture
- Why May Hospitals Miss A Lumbar Fracture?
- How To Prove The Hospital Missed Your Lumbar Fracture
- What Is The Average Settlement If A Hospital Missed A Lumbar Fracture?
- Get Help Claiming For A Missed Fracture By A Hospital
- Discover More About Claiming If A Hospital Missed Your Lumbar Fracture
If a hospital missed your lumbar fracture, this does not automatically mean that you have an eligible medical negligence claim. As a patient of a medical professional, you are owed a duty of care. This means that you should be provided with a service of reasonable skill and care. Only when this duty is breached, and harm results that could have otherwise been avoided can a claim be eligible.
Every patient is entitled to receive the correct standard of care from medical professionals. Therefore, if you experience unnecessary harm due to a medical professional providing care below the minimum expected standard, you might be able to claim compensation. However, you may be unsure what could be classed as medical negligence, so we will outline its eligibility criteria below.
Three points established in tort law form the basis of negligence and, thus, the eligibility criteria that ought to be satisfied in your case. So, to proceed with a medical negligence claim, you need to show:
- A duty of care was owed to you
- A breach of this duty occurred
- The breach caused you unnecessary harm
How Much Time Do You Have To Claim?
You must adhere to the time limits to claim compensation following medical negligence. These can be found in the Limitation Act 1980. You generally have three years from the date of the incident to start your case.
Yet, there could be circumstances where you couldn’t have known about the avoidable harm you suffered. Here, the time limit would begin from your date of knowledge. That being the moment you discovered (or would have been expected to uncover) the avoidable harm you suffered.
There are also exceptions to the general rule. Our advisors can provide plenty of information about these exceptions. So, to learn more, get in touch with an advisor from our team today.
A lumbar fracture could be missed by a hospital for a variety of reasons. Some may be due to the fact that the medical professional has acted in a negligent manner others reasons could be out of the control of the medical team. Here we look at a few example scenarios:
- Your medical records could be mixed up with another patient’s. Because of this, your doctor could base your treatment on another patient’s condition. The lack of treatment could cause your fracture to worsen and lead to paralysis.
- A radiologist might make an error when taking your X-ray. The subsequent scan results could affect your doctor’s diagnosis, leading to a fracture misdiagnosis. Because your fracture goes untreated, a nerve injury could follow.
- Despite clearly showing the symptoms of a fractured back, your doctor could misdiagnose it as a muscle strain. Since you aren’t given any treatment, your injury could cause further damage to your spine.
It’s important to remember that these are only some ways your back fracture could go undetected whilst visiting the hospital. Therefore, contact our team of advisors now for a free case assessment. They will look through the facts of your case and uncover its validity.
Satisfying the eligibility criteria is important to ensure you can seek compensation following medical negligence. Firstly, you must show that a medical professional provided the incorrect standard of care, thus breaching the duty you were owed. Secondly, you must prove that you suffered harm that could have been avoided, because of the breach.
Evidence can support your pursuit of compensation following clinical negligence, making it very useful. Not only can evidence illustrate the negligent act of the medical professional, but it can show how this affected you.
So, if a hospital missed your lumbar fracture, and you think you have a valid medical negligence claim, consider supplying evidence to assist your case like:
- The contact details of witnesses
- Medical records
- Incorrect prescriptions
- Doctors notes
- Diary entries of your symptoms and subsequent treatments
Depending on the facts of your case, the evidence relevant to your medical negligence claim will differ. Speak with our advisors today if you’re unsure about the evidence you require. They could answer any questions you have and provide a free consultation. If your case is valid, a solicitor from our panel will assemble evidence as part of their service.
Successful cases receive a settlement consisting of up to two heads of claim. In every settlement, general damages will be awarded. This compensates for the mental suffering as well as the physical injury brought about by the breach of duty.
The initial reason you sought medical attention won’t be accounted towards your compensation. Only the avoidable harm will determine this figure, and if it’s of a severe nature, it could be worth a significant amount.
If you make a medical negligence claim because a hospital missed your lumbar fracture, a legal professional could help work out its value by referring to the Judicial College Guidelines (JCG). They could also obtain medical evidence to provide a more definitive valuation.
The table below contains guidance figures from the JCG. These valuation brackets should only be used as a guide, as all cases differ, meaning compensation levels vary.
|Paralysis||Paraplegia||£219,070 to £284,260||The award will take into account presence and extent of pain and independence along with age and life expectancy.|
|Back||Severe (i)||In the region of |
|Neck injury that leads to incomplete paraplegia or permanent spastic quadriparesis.|
|Severe (ii)||£74,160 to £88,430||Damage to nerve roots, leading to impaired mobility.|
|Severe (iii)||£38,780 to £69,730||Disc or vertebral body fractures, leaving continuing severe pain and impaired agility.|
|Moderate (i)||£27,760 to £38,780||Lumbar vertebrae crush fractures, leading to pain, discomfort and substantial risk of osteoarthritis.|
|Moderate (ii)||£12,510 to £27,760||Ligament disturbance, giving rise to backache.|
|Minor (i)||£7,890 to £12,510||Fractures that make a full recovery in two to five years, without needing surgery.|
Further Forms Of Compensation
If you receive general damages, the second head of claim could also be awarded, known as special damages. This seeks to address any reasonable financial losses incurred due to medical negligence.
Relevant evidence of such expenses must be provided to ensure you can regain your lost money. Provided you can supply pertinent proof, you could seek compensation for:
- The salary you lost through being unable to work
- Medical expenses required to recover
- Costs associated with home modifications to improve your independence
If the hospital missed your lumbar fracture, you may have questions about your potential case or its valuation. Our advisors are available around the clock to answer your questions and see if you can work with a solicitor from our panel.
A legal professional, such as a solicitor, can assist you during the legal process if you have a valid medical negligence claim and want expert advice. Some solicitors work on a No Win No Fee basis.
Our panel of solicitors work with clients under a certain type called a Conditional Fee Agreement. This means you aren’t required to pay for their services upfront, whilst your case is in progress or if it’s unsuccessful,
If your case wins, a success fee will be taken by your solicitor. However, this is only a small, legally capped percentage of your compensation. Speak with our advisors today to find out if you can appoint a solicitor from our panel under this agreement.
Talk To Our Specialist Team
You can speak with our advisors right now or arrange an appointment for a time that works for you. To get hold of our advisors:
- Call us on 020 3870 4868
- Fill in our Call Back Form to enquire online
- Speak with us using our website live chat function
We hope this guide has answered your questions about pursuing compensation due to medical negligence if the hospital missed your lumbar fracture. For more of our helpful guides, please look here:
- When can X-ray negligence lead to an eligible compensation claim?
- Can you report a doctor if they have acted negligently?
- Do delays in treatment qualify for medical negligence claims?
For some external help, please look here: