What are orthopaedic medical negligence claims?

Fractures and injuries to bones, joints, muscles, tendons, nerves and ligaments are known as orthopaedic injuries and are usually treated by orthopaedic surgeons. The causes of these injuries usually include road traffic accidents and slips, trips and falls.

However, when an orthopaedic injury is caused or made worse by a procedure or treatment that has gone wrong, an injury that is misdiagnosed, or diagnosis is unnecessarily delayed, this is known as medical negligence and you may have the right to compensation.

Do I have a orthopaedic negligence claim?

Orthopaedic injuries usually occur during diagnosis or treatment. If you’ve suffered due to one of the following mistakes, you might be able to claim orthopaedic compensation:

• Delays or mistakes in diagnosis, particularly in relation to fractures or broken bones
• Problems with surgery or aftercare for knee, hip or elbow replacement procedures
• Surgery carried out without obtaining proper consent
• Surgery carried out on the wrong part of the body
• Damage to nerves during surgery

These kinds of errors, oversights and delays cause unnecessary pain and suffering to the injured person and can even worsen their condition.

What are the most common types of orthopaedic injuries caused by negligence?

Diagnosis and treatment errors can lead to many types of orthopaedic injuries. Examples of cases our clients have received compensation for include:

• A fractured hip left undiagnosed for two weeks
• Fractured vertebrae not diagnosed due to no X-rays being carried out
• A fractured scaphoid missed as the wrong X-rays were carried out
• A fractured talus missed, although the injury was clearly visible on X-rays
• A failure by doctors to diagnose a fractured patella because they didn’t arrange for any X-rays to be conducted
• Hip replacement claims where the wrong component was used and/or the component was not fitted correctly
• Knee replacement claims where the prosthesis was not fitted correctly
• Ligament reconstruction operations where grafts were wrongly placed
• Bunion surgery and operations to straighten toes done badly

What can I claim orthopaedic compensation for?

If you’re suffering due to orthopaedic negligence, you may be able to claim compensation for the following:

• Pain and suffering
• Loss of earnings
• Treatment and physiotherapy
• Care costs
• Aids and equipment
• Any costs which will be incurred in the future as a result of the negligence

How much can I claim for an orthopaedic injury claim?

It goes without saying that every orthopaedic injury claim is different, and the amount of compensation that may ultimately be paid depends on a variety of factors: from long-term prognosis to the cost of any care required.

Once we know the circumstances of your case, we’ll be able to advise you further. To establish your full legal position, call us on freephone 0330 041 5869.

How much does it cost to make a claim for orthopaedic injuries caused by medical negligence?

We fund the vast majority of our medical negligence cases under a conditional fee agreement, also known as a No Win No Fee agreement.

A No Win No Fee agreement means that if you were to lose your case, it wouldn’t cost you anything, so there’s no financial risk to you.

For further information please check our medical negligence fees page.

How much time do I have to make an orthopaedic claim?

If you believe you have a claim, it’s important that you seek advice from a lawyer who specialises in medical negligence cases as soon as possible, as there are time limits in place in England, Scotland and Wales.

Generally, a claim should be made within three years from the date the negligence occurred or the date you were first aware that you had suffered a significant injury or illness due to negligence. However, there are exceptions.

To read more about the time limits of making a claim, please read our medical negligence FAQs or our medical negligence claims guide.

Why choose Slater and Gordon's orthopaedic solicitors?

Not only do we have many years' experience securing compensation for orthopaedic negligence, we also have the utmost sensitivity to handle your case with great care.

We offer home and hospital visits and provide immediate representation and rehabilitation support.

Contact us for a free consultation to help you understand whether or not you have a orthopaedic claim or call 0330 041 5869.

Can I change my solicitors to Slater and Gordon?

If you or a family member have been seriously impacted by medical negligence, and you feel that you're not getting the specialist legal advice you need from your current solicitor, we'll be happy to discuss switching your case to Slater and Gordon. Simply call our experts on 0330 041 5869 or contact us online.