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‘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.
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
Director of Medical Law Services
Georgia is one of our Directors of Medical Negligence and has an impressive wealth of knowledge. She has over 15 years of legal experience and is responsible for overseeing the whole medical negligence team.
Georgia prides herself on the development of her team and aims to ensure that everyone in the department shares the same passion, tenacity and drive to get the best possible result for the injured patient.
Georgia is in charge of the day to day operational running of our largest medical negligence department, working hard to ensure a self-sustainable future for the team. Georgia is heavily involved in developing Fletchers’ nationwide reputation as medical negligence experts, alongside ensuring that all of our cases are dealt with the utmost efficiency and professionalism.
Partner, Head of Strategy and Legal Operations
Christian is Head of Medical Negligence at Patient Claim Line and has specialised in clinical negligence claims since qualifying in 1998; having dealt with a wide variety of claims throughout his career. He is also featured in the Legal 500 as a recommended claimant solicitor in the North West.
Christian qualified as a solicitor in 1998, specialising in clinical negligence. From 2010 onward he has had a particular interest in gynaecological and urogynaecological claims, having represented several hundred claimants in the George Rowland Litigation against the Liverpool Women’s and Aintree Hospitals. This investigated the treatment given to women in the Merseyside area over several decades, and in particular focused on the introduction and development of mesh into the UK in both the treatment of stress urinary incontinence and pelvic organ prolapse. The development of this area involved pursuing claims under a unique ADR protocol with the NHS and also looking to develop the current thinking on the valuation of compensation for complex urinary symptoms. He has successfully recovered hundreds of thousands of pounds in compensation on behalf of my clients.
Christian was also involved in setting up and chairing a Claimant Support Group for those involved in the Rowland litigation, which provided a discussion forum for the many women who were left isolated and damaged by negligent gynaecological treatment. He now co-ordinates the firm’s mesh claims and has delivered training and commented extensively on the medico-legal implications of urogynaecological / mesh complications. He is a member of APIL, Liverpool Law Society and Legal 500 recommended.
Associate, Head of Medical Negligence
Fiona joined Fletchers in 2015 and has over 15 years of experience in personal injury and medical negligence claims. As a team leader, she is dedicated to supporting and advising her team and the clients she acts for.
Notable Settled Cases
Secured £12,500 in compensation for a 77-year-old man who experienced three unnecessary cycles of chemotherapy when a hospital failed to appropriately diagnose a return of prostate cancer.
Francesca Paul is an Associate, Senior Solicitor and Team Leader within the Clinical Negligence Department. She is one of the driving Solicitors in the Group Litigation Team dealing with this niche and specialist area of work that Fletchers undertakes.
Francesca previously worked in Nottingham, dealing with Group Action work. She now works at Fletchers, bringing with her those years of experience heading up a team of 10 people. Francesca is involved in the early identification of potential new Group Litigation Work and analyses information from the collective pool of new enquiries into the business, of which there are hundreds per week looking for hot spots or recurrent issues which might suggest a potential pool of Claimants.
One of the highlights for Francesca and her team is that they have successfully recovered over a million pounds in compensation for clients who have received treatment from a single orthopaedic surgeon who was operating in the Colchester area. Her role requires a specific set of skills, patience and a forensic approach to detail whilst being able to see the wider picture.
Francesca has previously acted for a claimant in a case that reached the Supreme Court in the case of NA v Nottinghamshire County Council.
"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.