Fracture settlements
in Wales.
A goalkeeper who bent her wrist back saving a shot went to Ysbyty Gwynedd in Bangor; the court found the doctor had not competently tested for a scaphoid injury, and she received the agreed £39,000. A racing stable rider in Tonyrefail who fractured and dislocated her elbow in a fall from a cantering horse lost her claim on liability; the judge found some dishonest exaggeration, but not enough to be fundamental dishonesty.
Facts that decide a fracture claim in Wales
| Missed wrist fractures | A doctor must properly carry out the clinical tests for a scaphoid injury; failing to do so was negligent.Arkless v Betsi Cadwaladr [2016] EWHC 330 (QB) |
|---|---|
| Fundamental dishonesty | A claim found fundamentally dishonest must be dismissed in full unless that causes substantial injustice.Criminal Justice and Courts Act 2015, s 57 |
| Time limit | Three years from the injury, or from your date of knowledge if later; Wales follows the same Limitation Act as England.Limitation Act 1980, s 11(4) |
The UK band is the starting point. Wales's fault rule and any applicable cap then adjust the figure.