WHAT IS A SCAPHOID FRACTURE?
Our wrist is made up of a collection of bones including, carpal bones. One of the carpal bones is known as a scaphoid bone, which is a bone underneath your thumb. The scaphoid bone is important for mobility and stability of the wrist.
When considering the amount of bones within the wrist joint, it is no surprise that people can sustain various fractures. The most common carpal bone fracture is a scaphoid fracture. A scaphoid fracture will usually be caused as a result of a fall on an outstretched hand.
DIAGNOSING AND TREATING A SCAPHOID FRACTURE
Diagnosing a scaphoid fracture can be difficult as they do not usually cause significant swelling or bruising. When presenting at your GP or at the Emergency Department following your injury, it is important that the medical professionals who are dealing with you takes a detailed account of what has happened and what symptoms you are experiencing. If a scaphoid fracture is suspected then an x-ray should be requested.
It is known that scaphoid fractures are not always visible on x-rays carried out shortly after the injury. If the x-ray does not show a fracture to the scaphoid bone, but the clinical picture does suggest a fracture, then the medical professionals should manage the patient as having a suspected fracture.
If there is a suspected diagnosis of a scaphoid fracture, the wrist should be immobilised and a repeat x-ray should be arranged, if a fracture was not visible on the first x-ray. If a diagnosis of a scaphoid fracture is made, then treatment will depend on whether the fracture is undisplaced or displaced.
If a fracture is undisplaced then the patient can be treated with a plaster cast for a period of six to twelve weeks. Following this an x-ray, CT scan and follow up may be required to make sure that the scaphoid fracture has united following treatment. If the fracture is displaced, then the patient usually requires operative treatment and fixation.
WHAT CAN I CLAIM FOR A MISSED SCAPHOID FRACTURE?
Scaphoid fractures can often be missed or misdiagnosed as a sprain, rather than a fracture. If there is a delay or a failure in diagnosing the fracture, then the risk of non-union or delayed union increases. This can therefore result in significant consequences for the patient including; decreased grip, decreased range of motion and development of osteoarthritis.
Compensation can therefore be claimed for pain, suffering and loss of amenity. It can also cover any treatment that you might need in the future to help with your condition, as well as any out-of-pocket expenses you might have had, such as lost earnings.
DO I HAVE A CLAIM FOR A MISSED SCAPHOID FRACTURE?
Waldrons Solicitors are here to help those who have received negligent treatment from a medical professional, which has resulted in a delay in diagnosing a scaphoid fracture, or a miss-diagnosis.
Get in touch with us for a free initial consultation and we can talk through your individual circumstances with you. If you wish to pursue your claim, a specialised solicitor will talk you through the process and explain what should be expected.
HOW MUCH DOES IT COST TO MAKE A CLAIM?
The majority of our claims are funded by way of Conditional Fee Agreement, more commonly known as a ‘No Win, No Fee’ agreement. This simply means that if your claim is unsuccessful, we, as your solicitors, will not charge you anything for the work we have done in relation to your case, and you will not be required to pay for our services so long as you keep to the terms of the funding agreement.
In cases where the claim is successful, the majority of the legal costs will be recovered from the Defendant. Some of the costs are recovered from your compensation, but those costs are limited to a fixed percentage – a maximum of 25% of the compensation recovered.
However, there are alternative funding options available. Legal Expenses Insurance could also provide you with a viable way to fund your case. We will discuss your options with you and let you know the best funding option available for your claim.
HOW CAN WALDRONS HELP?
Here at Waldrons Solicitors, an experienced team of lawyers are dedicated to getting the best possible outcome for you. We aim to investigate any concerns and find out exactly what has happened, with the aid of leading medical experts. We will assist you in recovering the compensation you deserve.
As well as telephone consultations, we offer in-person meetings and home visits to make this experience as stress-free as possible.
IS THERE A TIME LIMIT FOR MAKING A CLAIM FOR A MISSED SCAPHOID FRACTURE?
Yes. You should start a claim as soon as possible. Generally, you will need to start Court proceedings within three years of the negligence happening or three years from when you had knowledge of the negligence. After three years the Defendant will be able to raise ‘limitation’ as a defence to any claim, and argue that you are out of time for bringing a claim. There are some exceptions to this limit, and the best way of finding out whether you are in time to bring a claim is to speak to one of our specialist lawyers.
HOW LONG WILL A CLAIM FOR A MISSED SCAPHOID FRACTURE TAKE?
All cases are different, and so it’s difficult to be too precise about how long a case will take to resolve. A claim can take anywhere between a few months and a few years to settle. This depends on the extent of injury and whether the negligence is admitted by the Defendant. A typical case usually takes between 2-3 years to resolve.
WILL I NEED TO HAVE A MEDICAL ASSESSMENT IF I MAKE A CLAIM?
Normally, yes. To substantiate whether there is a claim, access to the relevant medical records will be needed. The records can then be assessed by a medical expert who offers their own medical opinion in relation to the possible claim. For a case involving a scaphoid fracture, you may need to see a Consultant Orthopaedic Surgeon with expertise of hand injuries.
CAN I MAKE A COMPLAINT ABOUT WHAT HAPPENED?
Yes, you can. You can complain to find out what happened, to ask for an apology or to ask that policies or procedures are changed as a result of your experiences. If you’d like to have a copy of our template complaints letter and complaints information pack, please contact us to speak to one of the team.