Missed fracture compensation claims

Jodi Newton

Missed fractures and orthopaedic negligence

What is a bone fracture?

A bone fracture occurs when the structure is damaged, causing the bone to break into 2 or more pieces. A fracture can occur for several reasons:

• High-impact trauma, such as a car accident.
• Medium impact trauma such as a fall. However, healthy bones should withstand a fall from a standing height. So, a hip fracture following a slip or trip is a red flag that could signal the presence of a medical condition such as osteoporosis or bone cancer. Elderly people are at greater risk of fractures from slips and trips because of a pre-existing medical condition.
• Low or no impact, but when the bone is weakened due to a medical condition. These types of fractures are known as pathological fractures.

Older adults are particularly vulnerable, as conditions like osteoporosis increase the risk of fractures from minor slips or trips.

How common are fractures?

Fractures present a considerable public health burden, with around 3.6 fractures per 100 people per year in England alone. Each year 1 in every 100 people will suffer a bone fracture. At the same time, around 10 million of the 20 million trips to Accident and Emergency annually result in an X-Ray examination to rule out or diagnose a break.

The personal burden of fracture is also high; complications from an undiagnosed fracture include short-term problems such as damage to muscles, blood vessels and joints, medium-term problems such as infection and clot formation and longer-term conditions such as stiffness and arthritis. Fractures can also adversely affect long-term quality of life due to loss of function and independence. Confidence can also suffer.

Winter sees a spike in fractures

According to the Royal Osteoporosis Society, winter is a time of fractures. The National Hip Fracture Database indicates an 8% increase in hip fractures during the winter months compared to the rest of the year. Ankle fractures and foot fractures occur more frequently in winter too. Wrist fractures due to falls are also more likely in colder weather.

Unfortunately, failure to detect a fracture on an X-ray is one of the most common errors in Accident and Emergency Departments. Here are some real-life cases of missed fractures.

Any bone in the body is vulnerable

A missed skull fracture can lead to permanent brain damage or death. An incorrect diagnosis of a wrist fracture can result in the delayed or incorrect union of the bones, resulting in impaired hand function. This year, doctors failed to diagnose a hip fracture in a man complaining of back and leg pain, despite spending 4 days in a hospital orthopaedic ward.

What happens if your hospital misses a fracture?

If fractures are identified correctly and managed properly, there is a greater chance that healing will be complete, and the bone will return to normal functioning. In contrast, if a fracture is not identified and treated, patients may suffer:

• prolonged pain and swelling
• infection or blood clots
• permanent joint stiffness or deformity
• long-term mobility issues

Some fractures, such as hairline fractures, or fractures in bones that are difficult to visualise, such as the scaphoid bone in the wrist are commonly missed.

Real-life examples of missed fractures

• A 37-year-old woman suffered a spinal fracture during childbirth. Her bones were weakened due to a medical condition called osteopenia. However, the fracture and her bone weakness were only diagnosed after she suffered 6 months of severe pain, and she finally received a diagnostic MRI scan.
• And just this month it was reported that a footballer continued to play for 6 weeks after sustaining a fractured leg. He had received two X-rays at the time of his injury, but the fracture was missed. A third X-ray finally showed up his broken leg bone.
• A contestant in the Miss World contest was found to have a missed wrist fracture, initially diagnosed as a sprain. A junior doctor and fellow contestant recognised the injury and requested a new X-ray.

Can I claim compensation for a missed fracture?

Yes, if a fracture was missed or wrongly diagnosed due to medical negligence, and you suffered avoidable harm as a result you may be entitled to compensation.

To bring a claim, we’ll need to show that:

• A healthcare professional failed to meet acceptable standards of care
• That failure led to a delay in diagnosis or treatment
• You suffered harm as a direct result

We have successfully acted for clients in missed fracture claims, including:

A woman who fractured her hip after a fall at home. Despite multiple GP and A&E visits and ongoing pain, the fracture was not diagnosed for seven weeks. She was later awarded compensation for the avoidable harm she endured.

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