Orthopaedic Negligence Claims

If your orthopaedic treatment or surgery fell below the standard expected from a reasonably competent medical health professional, you could be entitled to compensation.

An orthopaedic negligence claim would provide compensation for the injury and the effects of the injury on your health, well-being, mobility and financial situation.

In order to establish a claim for medical negligence you will need to prove:

1. That you were harmed or injured by a medical care professional. Independent medical assessment may be required to determine this and the extent of your injury.
2. That the injury or harm you sustained was the direct result of the negligent care or treatment.

Orthopaedic treatment or surgery could result from negligent:

• Hand and wrist surgery, including carpal tunnel release
• Elbow joint and the related tendons and ligaments surgery
• Shoulder/ knee / hip joint replacement and reconstruction as well as the related tendons and ligaments
• Foot and ankle surgery
• Fracture assessment and treatment
• Paediatric orthopaedics
• Shoulder and knee arthroscopies
• Lumbar spinal fusion
• Ligament reconstruction
• Carpal tunnel syndrome surgery
• Fitting of medical implants, prosthesis or grafts

The following situations could form the basis of a claim with regard to medical negligence:

• the late or misdiagnosis of a condition
• negligent treatment or surgery
• negligent after-care and follow up treatment
• failure to explain the risks and complications of the treatment
• failure to obtain consent for a procedure / treatment

The common forms of orthopaedic negligence include:

Devonshires Claims’ medical negligence solicitors support clients dealing with a variety of orthopaedic compensation claims.  Whether the negligence relates to errors made in diagnosing broken bones, negligent surgery or after care, we could help you secure the compensation you deserve.

Contact our medical negligence experts today to start your free case evaluation.

If you visited an A & E department, a GP surgery or a consultant and mistakes were made in diagnosing your fracture or broken bone(s), you could be entitled to make a compensation claim.

The mistakes could include:

• Not examining your injury correctly and requesting an X-ray
• Not reviewing the results of your X-ray correctly, and missing your fracture or a specific fracture altogether
• Not requesting further diagnostic scans and specialist x-rays when assessing whether you have a fracture which is not easily picked up by regular x-rays, eg. a Scaphoid fracture.
• Failing to refer you to a hospital for further tests.

Errors, delays or negligent surgery and care could have a devastating impact on a patient’s recovery from even the most minor of fractures of orthopedic injuries.

The compensation  awarded would factor in:

• Your pain and suffering
• The extent and degree of the negligence
• The corrective surgery or treatment required
• The potential short and long-term care and rehabilitation and physiotherapy required
• Mobility aids and care requirements including home adaptations and wheelchairs.
• Loss of earnings and the future loss of earnings
• Any expenses incurred as well as future medical, travel and other expenses

Our experts will analyse your claim and carefully determine the maximum compensation you could receive.

If you feel that you have the grounds for a potential claim, it is best to contact medical negligence solicitors with experience in dealing with complex medical injuries including orthopaedic injuries.

Devonshires Claims’ medical negligence solicitors have secured compensation for victims of medical negligence including those who experienced negligent orthopaedic treatment and assessment.

Devonshires Claims supports victims of medical negligence throughout the UK. We believe that obtaining justice and compensation due to the negligence of a nurse, GP, consultant, surgeon, dentist or other healthcare provider should not place a financial burden on you or your family.

The majority of our hospital or medical negligence claims are supported through a ‘No Win No Fee’ agreement, otherwise known as a Conditional Free Agreement. This means that there are no costs to pay if your claim is unsuccessful and no upfront costs to start your claim*.

Our ‘No Win No Fee’ medical negligence claim explainer contains more information.

As with all medical negligence claims, there is a time limit within which your compensation claim must be made.

A patient has three years from the date of the incident or the date on which they were made aware of the negligence.

The exception to this three year rule relates to children and protected parties. If a child has a claim, they have three years from the date of their 18^th birthday to bring a claim.

If a party is considered a protected party, i.e. they have no capacity :

A child or adult without capacity to run a claim, may not have a time limit within which to bring a claim.  We recommend that you contact Devonshires Claims if you have any queries involving those who lack capacity and our specialist solicitors will be able to assist.

Therefore it is important to start your orthopaedic negligence claim as soon as possible. For advice on how to start your claim, contact Devonshires Claims’ medical negligence experts today.