Have you undergone orthopaedic negligence following a disease or injury diagnosis? If so, you could be eligible to make a claim. Receiving negligent treatment from a medical professional could be considered a breached duty of care.
By definition, a duty of care is when medical professionals provide care and treatment that meets the expected standard. Breaching it means they failed to reach these expected standards. If you suffered harm that you wouldn’t have had treatment been provided to the expected standard, then you may be entitled to claim.
Orthopaedic negligence could lead to chronic conditions and the need for lifelong treatment. Our guide includes vital information about medical negligence claims, such as who can pursue compensation. We also explain how medical negligence compensation is awarded for successful claims. We conclude with a look at how the team at Medical Negligence Solicitors UK can assist you with a negligence claim.
Fill in our online contact form or call us on 03301230546 to give details of your case. One of our experienced advisors will be in touch to let you know if you have an eligible claim.
Choose A Section
- What Is Orthopaedic Medicine?
- Common Causes Of Orthopaedic Negligence Claims
- Eligibility To Make A Medical Negligence Claim After Orthopaedic Treatment
- How Much Orthopaedic Compensation Claims Can Be Worth
- How To Start An Orthopaedic Negligence Claim
- How Our Solicitors Can Help You Claim
- More Information
What Is Orthopaedic Medicine?
This type of medicine focuses on the musculoskeletal system, including joints, muscles, bones, and nerves. Orthopaedics covers many different kinds of injuries and diseases.
Some examples of when you might consult a medical professional are for arthritis joint pain, bone fractures, neck and back pain (from the spine), and bone cancer. Orthopaedic surgery can also be carried out for breaks, fractures, or joint replacements (for example, a hip replacement).
If you suffer avoidable harm due to a doctor failing to provide the appropriate level of care when you seek treatment for any of these conditions, you could be entitled to claim for orthopaedic negligence. We explain the medical negligence claims eligibity critiera later on.
Please contact our advisory team to discuss orthopaedic negligence and find out if you could claim compensation.
Common Causes Of Orthopaedic Negligence Claims
We’ve gathered some of the most common reasons an orthopaedic negligence claim may be pursued. If you believe you have suffered medical negligence, contact us today by calling on 03301230546 or filling in our contact form.
Misdiagnosis Or Delayed Diagnosis
Misdiagnosis of an injury or disease can be considered medical negligence if the medical professional did not take steps to correctly diagnose. The same applies to a delayed diagnosis. A misdiagnosis or delayed diagnosis for an orthopaedic injury or disease could mean you have to undergo further treatment, causing financial losses and affecting your life further.
For example, despite having clear symptoms of arthritis, your GP failed to recognise this. As a result, you did not receive treatment and the symptoms worsened over time.
Operator Error
Orthopaedic surgery is often required to treat an injury or slow down the spread of a disease. However, surgical errors made during necessary surgery could be considered negligent treatment.
For example, a surgeon incorrectly placing a joint or causing nerve damage.
Failure To X-Ray Or Interpret An X-Ray
X-rays are a key way to see potential issues and diagnose a patient with an injury or disease. If a medical professional does not X-ray a patient presenting with possible orthopaedic problems, this could be considered medical negligence. Similarly, if an X-ray is taken but not read properly, an issue could go undiagnosed, leading to further problems later on.
For example, failing to read an X-Ray meant that a foot fracture was not diagnosed, causing additional pain and injury.
Lack Of Pre-Operative Examination
Finally, a medical professional carrying out a thorough pre-operative examination is vital. Not only will identifying all potential problems help an orthopaedic surgery go more smoothly, but proper assessment will also prevent potential delays. Plus, it’s crucial to assess anaesthesia levels properly for each patient before an operation takes place. If you feel you suffered from a lack of pre-operation examination, get in touch.
Eligibility To Make A Medical Negligence Claim After Orthopaedic Treatment
Not all mistakes are medical negligence. For medical negligence to occur, you must have suffered unnecessary or avoidable harm as a result of a breached duty of care.
As stated earlier, a medical professional’s duty of care towards you means that they must carry out tests, treatment, and care that meet the expected standard. You can find out more about this standard via the General Medical Council. If the professional treating you did not meet this standard, it could be considered a breached duty of care.
Some ways a medical professional can fail to meet their duty of care include:
- Failing to order the correct tests for patients.
- Not escalating for further testing if a result is abnormal.
- Dismissing a patient who has symptoms of an injury or disease.
The causes listed in the above section could also mean you could pursue an orthopaedic negligence claim. However, you must be able to prove that you satisfy all of the medical negligence claims criteria:
- Firstly, you need to show that you were owed a duty of care. This is applied automatically when a healthcare professional or facility agrees to treat you.
- There was a breach of this duty.
- Due to this failure to meet expected medical standards, you suffered harm that you wouldn’t have otherwise (called avoidable or unnecessary harm).
Our advisors can tell you more about a breached duty of care. You can get in contact by filling in our contact form or calling us on 03301230546.
How Much Orthopaedic Compensation Claims Can Be Worth
Compensation amounts are calculated by two measures, which you can find out more about in the next section. You can get a better idea of how much one of the measures in orthopaedic compensation claims are worth in the table below.
Aside from the first entry, all figures within this table are from the Judicial College Guidelines, a legal resource which contains guideline compensation figures for injuries and disease. This table should only be used as a guide – the compensation you receive could be more or less than the figures shown.
| TYPE OF INJURY | SEVERITY | COMPENSATION GUIDELINE | NOTES |
|---|---|---|---|
| Multiple Severe Injuries/An Extremely Severe Injury with Special Damages | Very Severe | Up to £350,000+ | Either multiple extremely severe injuries or one life-altering injury along with multiple instances of special damages. |
| Back Injuries | Severe (i) | £111,150 to £196,450 | Damage to the spinal cord leading to severe pain and disability as well as impaired bladder and bowel function. |
| Severe (ii) | £90,510 to £107,910 | Nerve root damage, loss of sensation, impaired bladder and bowel function. | |
| Severe (iii) | £47,320 to £85,100 | Disc lesions or fractures that lead to chronic conditions, pain, and disability despite treatment. | |
| Neck Injuries | Severe (i) | In the region of £181,020 | Little to no movement in the neck despite wearing a collar, severe ongoing headaches. |
| Severe (ii) | £80,240 to £159,770 | As above but with slightly less severe disabilities, loss of function in one or more limb. | |
| Pelvis and Hip Injuries | Severe (i) | £95,680 to £159,770 | Hip injury leading to spondylolisthesis and extensive pelvic fractures that lead to bladder ruptures and a disclosed lower back joint. |
| Severe (ii) | £75,550 to £95,680 | Injuries as above but of slightly less severity. | |
| Knee Injuries | Severe (i) | £85,100 to £117,410 | Disrupted joint due to knee injury, development of osteoarthritis and lengthy ongoing treatment. |
| Severe (ii) | £63,610 to £85,100 | Limited movement in the hip joint, risk of arthroplasty and osteoarthritis. |
How Compensation Is Calculated
Compensation is calculated using general damages and special damages.
General damages are calculated based on the pain and suffering you have endured due to the incident. Having more injuries does not necessarily mean you will receive more compensation. Instead, you will need to prove how your life is and has been affected by a preventable injury or disease.
Special damages are awarded to compensate for financial losses. We further explain this part of an orthopaedic negligence claim in the next section.
Special Damages – How They Affect Your Payout
In addition to general damages, most negligence claims will include special damages. Unlike general damages, special damages compensate you for financial losses. The financial losses you can claim vary. Below are some examples of special damages that relate to an orthopaedic negligence claim:
- At-home nursing care.
- Childcare.
- Medical aids like crutches or a walker.
- Prescriptions.
- Transport to and from medical appointments.
- Ongoing medical treatment.
This is not an exhaustive list. Your solicitor will tell you the financial losses for which you can claim special damages. You will need evidence to prove any financial losses you claim for.
Get in touch today for a free calculation of how much orthopaedic negligence compensation you could be able to claim.
How To Start An Orthopaedic Negligence Claim
Under the Limitation Act 1980, you have a three-year time limit to pursue a medical negligence claim. This three years begins either:
- From the date of medical negligence happening.
- The date of knowledge – i.e. when you became aware you suffered avoidable or unnecessary harm due to a breached duty of care.
If you’re unsure of when the latter date is for you, contact our advisors. They will inform you whether you are within the time limit.
Furthermore, there are certain exceptions to the time limit, such as if the harmed person is under 18 or lacks mental capacity. If this is the case, a litigation friend can represent the person claiming. Call our advisory team to find out more about becoming a litigation friend to claim on behalf of someone else.
The Evidence You’ll Need To Support Your Case
You must gather the correct kinds of evidence for orthopaedic negligence claims. Medical negligence can be difficult to prove, but the following items will help back up your own statement.
- Medical records that display all diagnoses you received and any treatment you were offered or have undergone.
- Test results from all tests, including scans and X-rays.
- Correspondence with all medical centres you have or are receiving treatment from.
- The contact details of anyone who witnessed your treatment plan – this could be another medical professional or a close relative.
In some orthopaedic medical negligence cases, a statement from a third-party medical professional is required. Your solicitor will obtain this if it is necessary or beneficial.
How Our Solicitors Can Help You Claim
Our medical negligence solicitors have decades of experience in dealing with orthopaedic negligence claims and winning compensation for clients. As well as offering guidance, your solicitor will:
- Explain all legal terminology in clear terms.
- Deal with all court documentation and deadlines.
- Advise you on key matters relating to your claim.
- Use their expertise to win you the correct amount of compensation.
Moreover, all of our solicitors accept claims via a No Win No Fee arrangement. Typically, by offering their services under a Conditional Fee Agreement. Claiming on a No Win No Fee basis means you pay a success fee (legally capped at 25%) only if your claim is successful. You won’t have to pay this fee if your orthopaedic negligence claim is unsuccessful. Furthermore, your solicitor will not ask you to pay for their services when they agree to support your claim.
This way of claiming takes some of the stress out of the process, particularly if you have already been affected by financial losses, so you can focus on your recovery.
More Information
We hope you found our guide about orthopaedic negligence and the claims process beneficial. For questions, concerns, and to see if you can claim,
- Fill in our online contact form.
- Call us on 03301230546.
The links below are relevant to orthopaedic medical negligence and other relevant topics.
Internal Links
- See how to claim against the NHS for negligence.
- Read our guide to delayed treatment medical negligence claims.
- Discover average compensation payouts for NHS medical negligence claims.
External Links
- Information on broken arms or wrists from the NHS.
- Guidance on claiming Statutory Sick Pay from the Government.
- Healthcareers.NHS.uk – Discover more about trauma and orthopaedic surgery.