Orthopaedics is a specialist branch of medicine and surgery which concerns itself with the musculoskeletal system, including your bones, muscles, ligaments, and joints.
It can vary from the treatment of minor sports injuries to serious debilitating conditions which impact your mobility and ability to carry out basic tasks.
Doctors in this field usually specialise in one part of the body like your knees or spinal cord.
This is why it is all the more shocking and concerning when something goes wrong.
Our article details the various ways in which you may have been impacted and how to take the first steps in making a claim.
Mistakes during surgery or a delay in you receiving treatment for a bone or joint can cause you to suffer pain. These incidents constitute orthopaedic negligence.
Injuries arising from orthopaedic negligence can leave you facing the prospect of having to manage crippling and complex conditions. They can also aggravate the original problem for which you initially sought help.
If you have been affected then you may be able to claim compensation for your injuries on a No Win No Fee basis.
Orthopaedic negligence comes in many forms, however, our partner lawyers have helped patients who have suffered as a result of:
The most severe cases tend to be those caused by damage to a limb or joint during essential surgery, often causing trauma and impacting your future quality of life.
As part of your claim, you will be required to participate in a free medical assessment, overseen by a medical expert in orthopaedics. They will assess your injuries and suffering, which will form the basis of the amount of compensation your chosen lawyer will seek to recover on your behalf.
These are known as general damages.
Our medical experts are located across the country and can arrange your assessment for a time, date and location to suit your needs and circumstances.
The below table gives you an idea of how much you can expect to receive for common orthopaedic injuries.
Special Damages In Orthopaedic Negligence Claims
However, it is only fair that the amount of compensation you are awarded takes into account the financial and structural life changes the negligence has on your life.
Additional sums known as special damages are awarded to compensate you when you have suffered additional inconvenient and impairment, including:
Special damages are strictly awarded upon you providing any relevant receipts and proof of expenditure.
Contact us to find out how our panel of medical negligence lawyers can help you get the most of your claim.
Being the victim of orthopaedic negligence alone does not mean that you will be able to claim compensation.
The Bolam Test sets out the basic criteria for making a successful claim.
Under the principles of the test, the doctor surgeon responsible for the negligent medical treatment must owe a duty of care
You must then be able to prove that the duty has been breached.
Finally, you must also be able to prove that this has directly caused you injury or suffering.
Due to the Limitation Act 1980, you must also issue your claim within three years of the date of the negligent treatment.
In cases where you became of the negligence later, the three-year limit begins on the date of knowledge.
However, if the person impacted is under 18 years of age, a trusted family member or adult can act as their litigation friend.
For minors, the limitation period doesn’t expire until three years after their eighteenth birthday.
Litigation friends can also represent adults who lack mental capacity.
You can likely obtain funding for your case under a No Win No Fee agreement with a solicitor.
Under such an agreement, your chosen lawyer would offer legal representation without asking for any upfront payment.
They agree to take this risk of not being paid on the basis that they expect your claim to be successful.
And if your claim is successful, a small percentage will be deducted from your compensation to reflect this.
This percentage is agreed in advance and the amount they can charge is capped by law.
Call us on 0800 123 4567 to discuss how our panel of layers can assist you.
You can also email firstname.lastname@example.org.
Can I sue the NHS for a missed fracture?
Yes, you can usually claim for a missed fracture, provided the negligence has caused you further pain and suffering.
Can I claim if a surgeon hurt me?
You potentially have a strong claim if you have been harmed during surgery. The most serious surgical errors can be life-changing and cause permanent injuries. These constitute some of the highest value awards.