Orthopaedic Negligence Claims
Orthopaedic surgery is any form of operation which involves your bones, muscles or joints. Common examples of orthopaedic surgery include; operating on bone fractures, joint replacement surgery or ligament reconstruction. Whilst the standard of care provided in hospitals around the UK is very high, mistakes do occasionally happen.
If you have suffered as a result of an orthopaedic error you may be entitled to claim compensation. TRUE Solicitors has a team of specialist lawyers whose experience and expertise can help you to obtain the maximum compensation in the shortest possible time.
Common examples of orthopaedic negligence include:
- Complications caused in hip, knee or elbow replacement surgery.
- Failure or late diagnosis of a broken bone.
- Unnecessary surgery on a broken bone i.e. when a cast would have sufficed.
- Surgery carried out on the wrong bone(s), joint(s) or ligament(s).
- Post-surgical infection.
- Nerve damage.
- Failure to gain consent for surgery
- Surgical equipment malfunction.
What can I claim compensation for if I have suffered due to orthopaedic negligence?
You may be able to claim for the following:
- Loss of earnings.
- Injury compensation.
- Medical expenses such as physiotherapy fees, prescription charges and painkillers.
- Compensation for the care and support provided by family or friends.
- Reduced life expectancy.
- Ongoing illness.
- Recovery time.
- Expected lifestyle changes.
How much will my orthopaedic negligence claim be worth
The amount of compensation that you may receive is dependent upon the individual circumstances of your case. The amount will depend on factors such as:
- The severity of the negligent treatment.
- How your life has been affected by the injury or illness.
- Your future care and support needs.
- Financial losses, including how much money you’ve lost or will lose resulting from the negligent treatment (e.g. loss of earnings, travel expenses).
- Specialist equipment and adaptations that you may need.
Is there a time limit for making an orthopaedic negligence claim?
You have up to 3 years from the date you became aware that your injuries were caused due to negligent orthopaedic treatment to make a claim. Is it is advisable to seek legal advice as soon as possible, whilst the information and circumstances around the treatment is fresh to mind.
You are able to make a claim on a child’s behalf at any time after the treatment occurred, before the child reaches the age of 18. After the child has turned 18 they have until they are 21 to make a claim themselves.
How much will it cost to make a claim for orthopaedic negligence?
TRUE Solicitors will manage your claim on a ‘No win, No fee’ basis, so there is no financial risk to you. Our charges to you are dependent upon the individual type of case, and are typically a percentage of the compensation that we obtain for you. The charges will be no more than 25% of your compensation amount.
How Long Will My Claim Take?
The length of medical negligence claims depends on whether the other party admits fault, the severity of the injury and the extent of the claim for losses and expenses. Straightforward medical negligence claims may settle within a few months, whereas complex cases may take in excess of a year.
How do I start an orthopaedic negligence claim?
If you believe that you or a loved one has a claim for negligent orthopaedic treatment, contact TRUE Solicitors today to speak to a member of our medical negligence team. We offer an initial free, no obligation assessment of your case.
Submit Your claim – we will establish who was at fault and submit a claim on your behalf.
Gather the Evidence and Arrange Treatment – we will collect all of the evidence needed to prove your claim, arrange a medical examination for you, and if appropriate arrange treatment to assist with your recovery.
Win Your Claim – we will fight hard on your behalf to recover maximum compensation in the shortest time.
TRUE Client Stories
Patient receives a five figure sum following substandard total knee replacement surgery:
What happened: Our client suffered from osteoarthritis of the right knee and chose to undergo a right total knee replacement. During the procedure there was damage caused to the medial collateral ligament, which is the large ligament on the inside of the knee that links the thigh and shin bones.
An unsuccessful repair was attempted, whereby an inappropriately large prosthesis was inserted. Our client’s post-operative recovery was complicated by pulmonary embolus (a blockage in the lung) and infection and despite the surgery they continued to suffer from pain and instability in the right knee.
They required revision surgery, which was performed 21 months after the initial surgery. Unfortunately our client continued to have severe knee problems and suffered from disabling pain and limited movement, resulting in readmission for manipulation of the right knee, which unfortunately did not assist. It was felt that the risks associated with further surgery would be too high and therefore our client’s condition was likely to be permanent.
The effect on our client: Our client suffered from significant pain and loss of amenity as a consequence of the substandard procedure. They required further surgery and whilst this was technically successful they continued to suffer from severe disability and pain which had a detrimental psychological effect. Their final outcome was worse than it otherwise would have been if the initial surgery had been performed to an appropriate level.
How TRUE Solicitors were able to help: We brought proceedings on the basis that there was failure to take sufficient care to avoid damaging the medial collateral ligament during surgery, a failure to use an appropriate prosthesis once the damage was apparent and that revision surgery should have occurred earlier than when it actually took place. Whilst it was accepted that the medial collateral ligament had been damaged, it was denied that this was negligent. It was necessary for us to start Court proceedings. Medical evidence was finalised and following negotiations settlement was reached.
Level of settlement achieved: £17,500
Practice area: Medical Negligence – orthopaedic