How long do you have to make a medical negligence claim?
In many cases the standard limitation period is three years, but the point at which those three years begin can vary and important exceptions may apply.
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Hospital & treatment
Orthopaedic Negligence & Missed Fracture Claims
A missed fracture or a problem with bone and joint treatment can affect mobility, work and everyday independence. A claim may be possible where care fell below a reasonable standard and caused additional injury, a longer recovery or a worse outcome.
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Could this apply to you?
1
A fracture missed during assessment or on an X-ray
2
Failure to arrange appropriate further imaging or review
3
Delay in reducing, stabilising or referring a fracture
Last updated 7 October 2026
Understanding the claim
When might a claim be investigated?
A poor outcome alone does not prove negligence. The investigation considers what a reasonably competent healthcare professional should have done and whether any failure made a material difference to the outcome.
A fracture missed during assessment or on an X-ray
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Failure to arrange appropriate further imaging or review
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Delay in reducing, stabilising or referring a fracture
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Avoidable injury during joint replacement or fracture surgery
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Failure to respond to deterioration after an operation or a cast
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Inadequate follow-up of a fracture that is not healing as expected
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
When a fracture is diagnosed later
Some fractures are difficult to see on initial imaging. A later diagnosis does not, by itself, show that anyone was negligent. The review considers the examination, the images available at the time and whether further investigation or follow-up was reasonably indicated.
The central question is what difference appropriate earlier care would probably have made. For example, an avoidable delay may lead to more extensive treatment or lasting loss of function, but the effects of the original injury must be separated from any additional harm.
Surgery, aftercare and informed decisions
Orthopaedic concerns can also involve treatment planning, surgical technique, implant positioning or the response to complications. Infection, nerve damage or a need for further surgery can occur despite reasonable care, so these outcomes require individual investigation.
Consent concerns are assessed separately: what material risks and reasonable alternatives should have been discussed, and what would the patient have decided with that information? A signed consent form is only part of that evidence.
Preparing for a conversation
It helps to have an approximate timeline, the hospitals or clinics involved and a description of how your recovery differed from what you were told to expect. Keep appointment letters and any later diagnosis or imaging reports you already have; you do not need to obtain a complete medical file before enquiring.
If symptoms are worsening, seek clinical advice through an appropriate healthcare service. A legal enquiry cannot assess an injury or arrange urgent treatment.
Evidence
What evidence may help?
Relevant evidence depends on the circumstances. Common sources include:
01
Emergency, fracture clinic and orthopaedic records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
02
Original X-rays, CT or MRI images and reports
The evidence is considered alongside the chronology and appropriate independent expert opinion.
03
Operation notes, consent discussions and follow-up records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
04
Independent orthopaedic and, where needed, radiology evidence
The evidence is considered alongside the chronology and appropriate independent expert opinion.
The process
What happens after an initial enquiry
- 01
Initial enquiry
Tell us what happened, when the treatment took place and how you were affected.
- 02
Early assessment
The key facts, limitation position and whether further investigation may be appropriate are considered.
- 03
Records & evidence
Relevant medical records, chronology and evidence of any financial losses may be obtained.
- 04
Expert review
Appropriate independent experts may address breach of duty, causation, condition and prognosis.
- 05
Claim & negotiation
Where the evidence supports a claim, the relevant defendant can be notified and liability or settlement discussed.
- 06
Resolution
The matter may conclude by agreement or, where necessary, through the court process.
Compensation
What can compensation take into account?
There is no reliable generic calculator for medical negligence. Where liability is established, compensation can reflect the individual injury and financial consequences supported by evidence.
- Pain, suffering and loss of amenity
- Past and future loss of earnings
- Care and assistance
- Rehabilitation and treatment
- Equipment, travel or accommodation needs
- Other reasonable losses caused by the injury
Start an enquiry
Tell us what happened.
Questions answered
Orthopaedic Negligence & Missed Fractures FAQs
Can I claim if an X-ray was reported as normal?
Potentially, but an expert must consider whether the fracture should reasonably have been identified or further tests arranged. There must also be evidence that the failure caused avoidable harm.
Does an unsuccessful joint replacement prove negligence?
No. The review distinguishes recognised complications and the underlying condition from avoidable failings in planning, surgery or aftercare.
What losses could be considered?
Depending on the evidence, the assessment may include pain, mobility restrictions, rehabilitation, care, equipment and earnings affected by the additional injury. No outcome or value can be promised at the enquiry stage.
What if the treatment was some time ago?
Seek advice promptly. Time limits depend on the facts, including when the injury and its possible connection with treatment became known. Do not assume that making a complaint or submitting this form protects a deadline.
Related guidance
Useful medical negligence guides
How medical negligence claims work
A plain-English overview of breach of duty, causation, medical records, expert evidence and the main stages of a claim.
Read guide →
Can you claim for an A&E misdiagnosis?
Key considerations where emergency care failed to recognise, investigate or appropriately respond to a serious condition.
Read guide →Related claim types
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