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Orthopaedic Negligence Claim

Reviewed by

Peter Rigby - Director of Medical Negligence | Last updated on: 29th April, 2024

We've got your Orthopaedic Negligence Claim covered


‘Orthopaedics’ refers to the surgery and treatment concerning the musculoskeletal system (bones, ligaments, joints, tendons). During these surgeries and treatments, health professionals such as orthopaedic surgeons can sometimes make mistakes that can have devastating effects on patients. In cases where there is a misdiagnosis or improper orthopaedic treatment, patients often face longer treatments and in severe cases, can even face amputation.

Our team specialises in handling sensitive orthopaedic medical negligence claims involving a variety of orthopaedic injuries. We are ready to support your negligence claim to secure the compensation that you deserve for the suffering you have endured.

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What is an Orthopaedic Negligence Claim?

Orthopaedic negligence can occur in a medical capacity when substandard care and treatment is given. Orthopaedic procedures usually involve injuries such as bone fractures or joint replacements and, although most procedures are successful, inadequate care during these procedures can lead to complications and long-lasting effects such as mobility issues that can impact your daily life.

When orthopaedic injuries are misdiagnosed, worsened by a procedure, or improper treatment is given; this is considered to be medical negligence.
If you have suffered from an orthopaedic injury due to the negligence of medical professionals, you may be entitled to claim for compensation. To find out if you have a claim, contact one of our friendly specialists who will be able to advise and guide you towards receiving compensation.

Our specialist legal team have represented patients who have experienced preventable suffering due to medical negligence, from delays in treatment to poor surgical technique. We understand how debilitating orthopaedic negligence can be, so we are here to support you on a No Win No Fee basis.

Types of Orthopaedic Claims

Orthopaedic negligence claims cover a broad array of injuries, medical errors and improper treatments. Our medical negligence solicitors have represented many patients and some of our cases have involved:

  • Misdiagnosis or delayed diagnosis of fractures
  • A failure to identify fractures during X-rays and tests.
  • Improper fracture treatment e.g., incorrect pin sizing or pin placement.
  • Surgical complications or delays in recognising failed surgery leading to unnecessary pain and suffering.
  • A failure to perform the correct procedures on newborn babies, including 6-8 week checks for Developmental Dysplasia of the hip.
  • A failure to refer newborns or children for an ultrasound scan if a ligament instability is found
  • A failure to remove painful bone fragments.
  • Usage of incorrect prosthesis sizes, or misplacing prosthesis in the incorrect position during joint replacement surgery.
  • Wrong site surgery where surgery is completed in the wrong location of the body

 

Other types of orthopaedic injury include

  • Hand injuries – scaphoid fractures, distal radius fracture, carpal tunnel syndrome
  • Hip or joint replacement
  • Development dysplasia of the hip (congenital hip dislocation, hip dysplasia) – a condition where the ball and socket joint of the hip does not form properly in babies or young children.

When an orthopaedic injury receives substandard medical care, there can be drastic consequences that could affect all aspects of your life. In these unfortunate circumstances, we believe that you should be compensated for your grievances. We understand the devastating impacts that can occur and we want to do what we can to help. Our solicitors will help you to secure the correct treatment and the compensation to help you try to move on from your injury.

Is there a time limit on making an Orthopaedic Negligence Claim?

The time limit for making an orthopaedic negligence claim is generally three years from the date that the injury or negligence first occurred. More specifically, the Limitation Act 1980 provides that you have three years from the date that you became reasonably aware that your suffering was due to medical negligence. 

For children, the three year time limit commences from their 18th birthday, so claims will need to be made prior to their 21st birthday.

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Frequently asked questions about Orthopaedic Negligence Claims

Our expert legal team answer your questions about making a Orthopaedic Negligence Claim

If you have suffered an injury or your condition has worsened due to substandard treatment or surgery performed by an orthopaedic medical professional, you may be entitled to claim for compensation.

Nearly all No Win No Fee medical negligence cases are settled out of court between your solicitor and the defendant’s insurance company in which a settlement offer will be made. If a settlement offer cannot be reached after considerable negotiation, your case may proceed to court. Under this circumstance, we will ensure that you receive the best representation from one of our top barristers. However, most cases are settled out of court.

The amount of compensation you will receive when you make an orthopaedic claim will vary depending on the circumstances involved. Every negligence claim is different, so the final payout will be based on the severity of the injury you experienced. There are a number of other factors which are taken into account too, including the impact on your health, medical expenses, and any loss of earnings.


Meet our Orthopaedic Negligence Team

  • Georgia Briscoe

    Director of Medical Law Services & Partner

  • Christian Beadell

    Partner, Head of Strategy and Legal Operations

  • Fiona Swarbrick

    Associate, Head of Medical Negligence

  • Francesca Paul

    Associate Solicitor


  • Case Study

    Gordon's Story

    "It was an experience that I never thought I’d have to go through"

    Gordon first reported a blockage in 2011, but this wasn’t fully investigated. This delay in medical care meant that he needed an amputation of his lower leg, which impacted his mobility and independence.

    The team at Patient Claim Line determined that Gordon lost his leg because medical professionals didn’t operate soon enough. Our team fought to ensure Gordon received justice, and they were able to secure him compensation for his suffering.

    The financial settlement enabled him to purchase a more suitable prosthetic leg, as he found the NHS prosthesis uncomfortable. Gordon now finds playing his beloved bowls much easier, and his team were recently promoted to a higher league.