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Experiencing orthopaedic negligence can cause profound harm, sometimes exacerbating existing injuries, or creating new ones through surgical errors, misdiagnosis or even improper treatment. Orthopaedic harm can cause life-long mobility issues, nerve damage and in some severe cases, amputation. The physical effects of this can lead to a reduction in your quality of life, and might even mean you now need corrective surgery. If you have experienced substandard treatment, you might be giving thought to orthopaedic negligence claims, and wondering how they could help you.
Here at Legal Helpline we understand that medical negligence compensation cannot undo the harm you’ve experienced, but it can be used to help fund ongoing medical expenses, the costs of reconstructive surgeries, or even reimburse your lost earnings if you’ve been unable to work. Seeking compensation can seem daunting, particularly at a time when recovery should be your priority; that’s why our panel of solicitors place claimants at the heart of their work. From managing and navigating the claims process, to gathering evidence, our panel makes the claims process seamless and hassle-free.
Get in touch with our advisory team using the details below for a free case consultation. This gives you the chance to explore the options available, obligation-free.
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Frequently Asked Questions
- Can I Claim For Orthopaedic Medical Negligence?
- What Are Some Examples Of Orthopaedic Negligence Claims?
- How Much Compensation Can I Get For Negligent Orthopaedic Treatment?
- Is There A Time Limit For Claiming Orthopaedic Medical Negligence?
- How To Support An Orthopaedic Medical Negligence Claims
- How Legal Helpline Can Assist Your Claim
- Learn More
Can I Claim For Orthopaedic Medical Negligence?
You could make an orthopaedic negligence claim if it can be shown that a medical professional failed to reach the standard of care that is expected of them, and this led to your orthopaedic harm. Essentially, we must be able to prove:
- A healthcare professional owed you a duty of care
- They breached this duty (we discuss this below)
- Their breach led to you suffering avoidable and unnecessary orthopaedic harm
As a patient, you are owed a duty of care from every medical professional who treats you. We mentioned briefly above, that you can make a claim if we can demonstrate that the treatment you received fell below the minimum expected standard. To meet their duty, medical professionals must provide care and treatment that meets this minimum standard.
Medical professionals can uphold their duty of care by following the guidance laid down in professional standards. Additionally, they should provide correct medical advice, appreciate patients’ concerns properly and order further testing where necessary.
For a free case consultation, get in touch with our advisors today. They can explore whether you would have a valid claim, and discuss the options available to you.
What Are Some Examples Of Orthopaedic Negligence Claims?
Some examples of orthopaedic negligence claims can include situations where an injury or fracture might’ve been misdiagnosed or delayed, surgical errors or if there is poor post-operative care that leads to an infection.
Some specific examples of how negligence might lead to orthopaedic harm include if:
- A radiologist misreads your X-ray, meaning they failed to diagnose a foot fracture. This delay in diagnosis leads to improper healing, and long-term mobility issues.
- After discussing your symptoms with your doctor, they fail to send you for a scan. A few weeks later, after advising that your symptoms have worsened, your doctor orders a scan that confirms damage to your tendons and ligaments. Due to the late diagnosis, your condition remained untreated causing it to worsen, eventually developing osteoarthritis as a result.
- The nurse that is caring for you after an operation fails to administer antibiotics when treating an infection. Due to this, your infection leads to severe complications, causing necrosis in your leg tissue. Your leg then needs to be amputated following this.
These examples are not exhaustive by any means, but provide a few examples of how orthopaedic negligence claims can arise. If you’d like to discuss your own case, please get in touch with our advisors today.
How Much Compensation Can I Get For Negligent Orthopaedic Treatment?
You could receive anywhere between £14,450 and £165,860 for leg harm caused by orthopaedic negligence according to the guidelines within the Judicial College Guidelines (JCG). This document outlines categories of types of harm and severities, whilst providing compensation brackets to help professionals value your compensation award.
Additionally, in a successful claim, compensation can encompass two different heads of claim, called general and special damages. The first type of compensation is concerned with the physical and psychological impacts of the harm you suffered; it can consider the pain, suffering and any wider impact that the harm has had on your daily life.
This differs from special damages, as this head of loss is concerned solely with the economic losses that have been incurred as a result of suffering orthopaedic harm. We discuss this in further depth in our section below.
However, we have provided a table below with figures taken from the JCG to show an estimate of compensation that you could receive in successful orthopaedic negligence claims. Please be aware that the top entry has not been taken from the JCG, and that these are only guidelines and no guarantee of compensation.
| Type of Harm | Severity + Notes | Compensation |
|---|---|---|
| Multiple Serious Forms of Harm + Special Damages | Various types of severe harm as well as special damages such as medical expenses, lost income or professional care costs | Up to £1,000,000+ |
| Paralysis | Tetraplegia (also known as Quadriplegia) - physical pain is present, and there is an impact on senses or the injured persons ability to communicate | £396,140 - £493,000 |
| Back | Severe (i) - serious injury involving damage to nerve roots and spinal cord, leading to severe pain and disability with incomplete paralysis | £111,150 - £196,450 |
| Severe (ii) - root damage with loss of sensation, impact on mobility and bladder and bowel function | £90,510 - £107,910 | |
| Neck | Severe (ii) - fractures or damage to discs in the cervical spine | £80,240 - £159,770 |
| Severe Leg Injuries | Severe (ii) Very Serious - permanent problems with mobility, where multiple fractures have taken years to heal with extensive treatment | £66,920 - £109,290 |
| Severe (iii) Serious - compound or comminuted fractures or injuries to joints or ligaments causing instability | £47,840 - £66,920 | |
| Pelvis and Hips | Moderate (i) - significant injury to hip or pelvis but any permanent disability is minor | £32,450 to £47,810 |
| Elbow | Less Severe Injuries - impairment of function but not requiring major surgery or causing significant disability | £19,100 - £39,070 |
| Wrist | Moderate c) - injuries still result in some permanent disability such as persistent pain | £15,370 - £29,900 |
Other Damages For Orthopaedic Negligence Claims
As we briefly mentioned above, you could receive special damages in orthopaedic negligence claims. This compensation aims to reimburse you for any financial losses that you have experienced as a result of suffering harm and can ultimately account for a large portion of your compensation payout.
Some examples of these damages can include:
- Loss of earnings: whether past, current or future, lost income can be quantified and form part of your special damages compensation.
- Medical expenses: ongoing prescription costs, reconstructive surgeries or private medical costs can also be valued within special damages.
- Care costs: suffering orthopaedic negligence might now mean you require round-the-clock professional care, which can be costly. Associated expenses can be included within special damages.
As well as the above, special damages can also compensate your for rehabilitative costs and home or vehicle modifications if they would assist in your recovery. With this said, it’s important to note here that in order to claim back these financial losses, you must hold evidence which proves how experiencing orthopaedic harm has led to you suffering these economic losses and how much they were. For example, you can save receipts and invoices.
If you choose to work with a solicitor from our panel, they could help you gather documents to help demonstrate this. Get in touch with our advisors to discuss what other damages you could receive.
Is There A Time Limit For Claiming Orthopaedic Medical Negligence?
Yes, there is a time limit when claiming orthopaedic medical negligence. As per the Limitation Act 1980, most claims are subject to a time limit of 3 years from either:
- The date of the negligent treatment
- The date of knowledge (where you realised that the treatment you received was substandard)
There are however two exceptions that can apply which you can read more about in our time limits guide, or alternatively get in touch with our advisory team today to learn more.
How To Support An Orthopaedic Medical Negligence Claims
In order to support orthopaedic negligence claims, you must hold evidence which proves medical negligence. This can include things like any correspondence between yourself and the medical institution you were treated at, a copy of your medical records and copies of any scans or X-rays that show your orthopaedic harm.
To learn more about how you can prove medical negligence to support an orthopaedic claim, you can read more in our guide, or alternatively, get in touch with our advisors today.
How Legal Helpline Can Assist Your Claim
Working with Legal Helpline on an orthopaedic negligence claim can be invaluable; the solicitors on our panel have decades of experience in medical negligence claims, and can offer assistance through every stage. Not only this, but by choosing to work with us, you can expect:
- Assistance with gathering the necessary evidence to strengthen your claim
- Help with explaining complicated legal language and the claims process
- Handling the entire process of the claim on your behalf, including managing any paperwork and negotiating the claim with relevant parties
- Working closely with you to create a recovery plan that suits your personal needs
Additionally, our panel of solicitors work on a No Win No Fee basis, through the usage of a contract called a Conditional Fee Agreement (CFA). This type of agreement comes with a few benefits for claimants, including no upfront payments in solicitors’ fees for them to begin working on your case. Moreover, under a CFA, you’d have no ongoing payments during the progression of your claim, nor would you have to pay anything for our panel’s services if your claim were to fail.
Conversely, if your claim was successful, then a small limited percentage would be deducted as our panel’s success fee. This is capped in line with the Conditional Fee Agreements Order 2013, to ensure that claimants receive the majority of their compensation.
At Legal Helpline, our panel places clients at the centre of all that they do; whether this be providing regular case updates or arranging appointments with medical professionals who can support your rehabilitation, we are here to help.
Get in touch with our advisors to be connected with one of our specialist medical negligence solicitors from our panel.
Contact Our Advisors
To contact our friendly advisory team, you can:
- Call us on 0333 000 0729
- Contact us using our online form
- Speak with an advisor using the live chat
Learn More
Why not read our other guides about:
- How to make a stroke misdiagnosis claim
- Can you sue a pharmacy for providing the wrong prescription?
- Fatal hospital negligence claims
Helpful External Resources
- The overview on Statutory Sick Pay
- NHS advice for getting back to normal after an operation
- Government advice about statutory leave and time off
Thank you for reading our guide about orthopaedic negligence claims.
