Orthopaedic Negligence

Orthopaedic claims regarding medical negligence typically involve cases where patients have suffered harm due to errors, omissions, or substandard care by orthopaedic surgeons or medical professionals involved in orthopaedic procedures. Orthopaedic procedures involve the diagnosis, treatment, and surgery related to the musculoskeletal system, including bones, joints, ligaments, tendons, and muscles.

What is Orthopaedic Negligence?

Orthopaedic claims involve a range of personal injuries, from diagnosing a broken arm to performing hip replacement surgery. Our claims generally include:

  • hand, shoulder and elbow surgery
  • joint reconstruction
  • paediatric orthopaedics
  • foot and ankle surgery
  • back and spine surgery
  • musculoskeletal oncology
  • surgical sports medicine
  • orthopaedic trauma

How can orthopaedic injury arise?

  • Surgical Errors: These could include wrong-site surgery, incorrect placement of implants, nerve damage during surgery, or leaving surgical instruments inside the patient's body.
  • Misdiagnosis or Delayed Diagnosis: Failure to accurately diagnose orthopaedic conditions such as fractures, torn ligaments, or joint injuries, leading to delayed treatment or incorrect treatment.
  • Failure to Obtain Informed Consent: Surgeons are required to inform patients of the risks associated with a procedure or treatment. Failure to adequately inform patients of potential risks can lead to claims of negligence.
  • Postoperative Care: Negligence in providing proper postoperative care, including monitoring for complications, prescribing appropriate medication, and advising on rehabilitation.
  • Implant Failure: Cases where medical devices such as joint replacements or orthopaedic implants fail prematurely due to manufacturing defects or surgical errors.
  • Anaesthesia Errors: Mistakes related to administering anaesthesia during orthopaedic surgeries, such as dosage errors or failure to monitor the patient's vital signs.
  • Lack of Follow-up: Failure to schedule appropriate follow-up appointments or monitor a patient's progress after treatment or surgery.
  • Negligence in Non-Surgical Treatment: Inadequate treatment or therapy for orthopaedic conditions, such as prescribing the wrong medication or recommending inappropriate physical therapy exercises.

Orthopaedic negligence claims can be complex and require expert medical evidence to establish the standard of care and whether it was breached. If you believe you've experienced an orthopaedic injury, it's essential to consider whether you may be entitled to compensation.

Why bring a claim for Orthopaedic negligence?

There are several reasons why someone might consider taking legal action in the form of an Orthopaedic claim:

  • Lost Income: Serious Orthopaedic injuries may result in the inability to work for an extended period. Compensation from a successful claim can cover lost wages and future earning potential if the injury affects the ability to work in the long term.
  • Pain and Suffering: Orthopaedic injuries can be painful and debilitating, impacting a person's quality of life. Compensation for pain and suffering aims to provide monetary relief for the physical and emotional distress caused by the injury and its aftermath.
  • Rehabilitation Costs: Recovery from Orthopaedic injuries often involves extensive rehabilitation and therapy. A successful claim can help cover the costs associated with physical therapy, occupational therapy, and other forms of rehabilitation.
  • Long-Term Care Needs: Some Orthopaedic injuries may result in long-term or permanent disabilities requiring ongoing care and assistance. Compensation from a claim can help cover the costs of future medical care, home modifications, and other necessary accommodations.
  • Accountability and Prevention: Holding negligent parties accountable through legal action not only provides compensation to the injured individual but also helps prevent similar incidents from happening to others in the future. It can prompt improvements in medical practices, procedures, and safety protocols.
  • Closure and Justice: For many individuals, pursuing a legal claim provides a sense of closure and justice after experiencing harm due to negligence. It can offer validation of their experiences and hold responsible parties accountable for their actions.

A compensation can cover:

  • Loss of earnings and pension arising due to the negligence
  • Costs of treatment, therapies and equipment
  • Ongoing care costs
  • Lifestyle changes to accommodate any condition
  • Physical and psychological conditions arising from negligence

Compensation Routes

We offer a free initial consultation to evaluate your case and discuss your legal options. There are time scales and you should contact us as soon as possible to investigate an action for you

Your well-being is our priority, and we are committed to providing you with the legal representation you need during this challenging time.

Our solicitors understand the complex and long-lasting challenges posed by orthopaedic injuries. 

Contact Us

Get in touch, we are here to provide not only expert legal guidance but also an understanding of the physical, emotional, and financial challenges you face. Together, we will work towards securing compensation you deserve.

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Are you are seeking legal representation for "No Win No fee" complex litigation matters? Speir Buchan is your trusted partner, specialising in: Medical Negligence, Workplace Accidents, MOD (Ministry of Defence) Claims and Road Traffic Accidents.