Missed and untreated fracture claims: What you need to know

Author

Georgie Pitman, trainee solicitor in commercial property at Tees Law

Trainee Solicitor

Fractures and broken bones are among the most common injuries, with the average person expected to experience two in their lifetime. They typically occur in the collarbone, wrist, ankle, arm, or hip.

When diagnosed and treated promptly, most fractures heal well—often within three months, even in more complex cases. However, delays in diagnosis or improper treatment can result in serious complications. This is where medical negligence can arise, and you may be eligible to bring a missed fracture compensation claim.

The importance of prompt diagnosis and treatment

Fractures should be treated quickly to avoid long-term complications. For instance:

  • Bones should ideally be realigned within three weeks of the injury.
  • By six weeks, the bones typically begin to fuse, making realignment difficult without re-breaking the bone.

A delay in diagnosis or treatment can lead to improper healing (malunion), requiring further medical intervention and potentially causing permanent issues.

Why are fractures sometimes missed?

While many fractures are clearly visible following a fall or trauma, others are more subtle.

Common symptoms of a fracture

Being aware of the signs of a fracture can help prevent delays in seeking treatment. Key symptoms include:

  • Swelling and bruising around the affected area
  • Sharp or intense pain, particularly when moving
  • Difficulty bearing weight or reduced mobility
  • Tingling or numbness (if nerves are affected)
  • Visible deformity or abnormal positioning (angulation)
  • A grinding or crunching sound when moving (crepitus)

When to seek medical attention

If you experience any of the symptoms above, it’s crucial to seek prompt medical attention. Your GP or hospital should arrange an X-ray to confirm the presence of a fracture.

Depending on the severity, treatment may involve:

  • Immobilisation with a cast or brace
  • Realignment of the bone (manually or surgically)
  • Surgery in more complex or unstable cases
 What happens if a fracture is left untreated?

Untreated fractures can lead to a range of complications, including:

  • Malunion – the bone heals incorrectly, leading to deformity or restricted movement
  • Infection, especially in the bone or marrow
  • Nerve or ligament damage
  • Blood clots
  • Avascular necrosis – where bone tissue dies due to loss of blood supply
  • Compartment syndrome, a potentially serious condition caused by pressure build-up in the muscle

In children, the stakes are even higher. Because their bones are still growing, an untreated or misdiagnosed fracture could lead to limb length discrepancies or permanent deformities.

Malunion fractures explained

A malunion occurs when a broken bone heals in the wrong position. This can cause:

  • Persistent pain
  • Reduced functionality
  • Difficulty with movement
  • Visible deformities

Malunions often require corrective surgery. They may result from delayed diagnosis, improper treatment, or failure to properly align the bone initially.

Compartment syndrome and missed fractures

Compartment syndrome is a serious condition that occurs when swelling or bleeding increases pressure within a muscle compartment, reducing blood flow and damaging nerves and tissue.

This can occur after a fracture, especially if left untreated. If not promptly addressed, it may lead to permanent muscle or nerve damage—and in extreme cases, amputation.

Can I claim compensation for a missed or untreated fracture?

To bring a claim, there must be evidence that:

  1. The medical care you received was substandard, and
  2. This caused you harm, which would have been avoided with proper care.

Time limits apply:

  • Adults: Three years from the date the alleged negligence occurred or 3 years from the date of knowledge
  • Children: Three years from their 18th birthday
How much compensation could I claim?

 At Tees, we will look at your case individually to ensure that you can get the full amount of compensation the law permits. As your case is unique to your personal circumstances, and the exact situation that your injury occurred and was treated, we cannot tell you exactly how much you can claim at the outset. We will be able to give you a more accurate estimate once we know more about your case.

If you win your claim, the Judicial College Guidelines will guide your compensation amount. Judicial College Guidelines 17th Ed. | Books

Moderate shoulder injury                  £9,630 to £15,580

Hip or pelvis injury                              £32,450 to £47,810

Wrist injury                                         £15,370 to £29,900

Modest ankle injury                           £6,710 to £16,770

 Severe ankle injury                             £38,210 to £61,090

Moderate elbow injury                      £4,310 to £15,370

How does the medical negligence claims process work?

Medical negligence claims are complex. At Tees, we are experts at helping people navigate this process.

Our team can:

  • Review your medical records
  • Obtain expert medical opinions
  • Gather evidence to support your case
  • Handle the legal process on your behalf

For more information, read: How to make a medical negligence claim

We’re here to help

Pursuing a claim for a missed fracture can feel overwhelming, but you don’t have to go through it alone. We’re here to listen, guide you through the process, and fight for the support and compensation you deserve.

 

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