Reviewed by
Peter Rigby, Director of Medical Neglience

‘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.

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.

We helped a 34 year old man who was left with permanent reduced range of movement and grip strength after a hospital failed to treat his dislocated wrist correctly.

We also helped a 53-year-old client whose NHS Trust failed to identify a stress fracture.

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.

Who can make a 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.
Will I have to go to court?: 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.

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Frequently asked questions about medical misdiagnosis

Our expert legal team answer your questions about making a misdiagnosis claim.

What can I do if I was misdiagnosed?: Medical misdiagnosis is one of the biggest reasons for medical negligence compensation claims. If you think you have suffered a misdiagnosis there are a number of steps you can take: Firstly, you can speak to the medical professional who treated you to get an understanding of why the decision was reached. If you disagree with their reasoning, you can ask them for a second opinion - although they are not obliged to do so. You can also make a complaint direct to the NHS if your misdiagnosis occurred under their care. Other care providers should have their own complaints process you can follow. If you’d like to make a legal claim with an experienced solicitor to guide you through the legal process, then Patient Claim Line can help.
How can you prove misdiagnosis?: To succeed in a misdiagnosis claim you will need to be able to evidence that your care provider was at fault. This evidence may come from your medical records or you may need the opinion of an independent expert to support the allegations. If you decide to make a claim our solicitors will guide you through this evidence gathering process. We can also help you to make the initial decision about bringing a claim, as we understand that you may be unsure whether your experience counts as a misdiagnosis. Whilst there are some unmistakable instances which highlight a breach of your medical professional’s duty of care, not every case is clear cut. Common examples of cases include where your doctor delayed correctly diagnosing your condition, or you were given unsuitable medicine. One of the most common examples of this is with cancer misdiagnosis, as the symptoms can closely mimic the symptoms of other diseases. A misdiagnosis in this scenario can not only be detrimental to your health, but have lasting repercussions for loved ones too.
Can I sue the NHS for misdiagnosis?: If you have been misdiagnosed while receiving treatment through the NHS, then you may be able to make a claim for compensation. The claim will initially be brought against the hospital trust or GP surgery where this occurred but from then on will be handled by NHS Resolution or another indemnifier. If your consultation was carried out in a private clinic or hospital, your claim may need to be brought against the medical practitioner who treated you or the organisation responsible for running the clinic or hospital. It will usually be dealt with by their insurance company.
What pay-out can you expect from a misdiagnosis claim?: If you’re looking to make a medical misdiagnosis claim, the amount of compensation you could be entitled to will vary depending on the circumstances. As well as proving that the medical practitioner breached their duty of care to you, you will need evidence to prove the injury and harm this has caused you. Each claim is considered on its own merits but the level of damages is usually guided by the impact and severity of your pain and suffering, measured with the Court guidelines and case law. In addition to this, any past or future losses or expenses or loss of income may also be recoverable. At Patient Claim Line, we have an expert team of medical misdiagnosis solicitors who can help to make the claims process simple. We’ll handle the entire process from start to finish, ensuring you get the compensation you deserve.

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