My is ankle still swollen and tender after 5 weeks, could it be fractured or sprained? how to tell?

Several things: This is a problem that necessitates a face-to-face meeting with your doctor. This will allow him/her to examine you, ask specific questions. And possibly order tests to find out what's wrong and what to do to help you.

X-ray: You will need and x-ray to see if you have a fracture or if it is just a sprain. Have it evaluated by your physician to get the appropriate treatment.