Orthopaedic Negligence Claims
Orthopaedic surgery and non-surgical procedures are those that involve your bones and joints, including your spine, as well as the connected muscles, nerves and ligaments. Any errors in such procedures can therefore have a significant impact on your mobility, as well as potentially causing significant pain and suffering which can end up lasting the rest of your life, in the most serious cases.
If you or a loved one have been harmed as the result of orthopaedic negligence, claiming compensation is often the only way to make sure you have access to all the right help and support for a full recovery and the best possible quality of life.
Wolferstans’ medical negligence solicitors have many years of experience with orthopaedic negligence claims, including for Cauda Equina Syndrome and spinal injuries. We have been able to secure substantial compensation for many of our clients and can ensure no detail is missed and no angle is overlooked.
When you first meet with our team, we will establish the basic facts of your case, allowing us to give an indication of the strength of your claim and how much it may be worth. You will then have a solid basis on which to decide how to move forward.
We know that many people would prefer to avoid a court hearing and, with our expertise in non-confrontational dispute resolution, this is usually possible. Most of our claims are resolved out of court, saving you time, money and a lot of stress.
Specialists You Can Trust
We’ve handled hundreds of complex medical negligence claims — recovering over £105 million for clients in the last five years alone.
In addition to this, we work with leading medical experts to make sure your case is built on the strongest evidence and you receive the maximum compensation possible.
Our orthopaedic negligence claims service
We work with clients throughout England and Wales on all types of orthopaedic negligence compensation claims, including those related to:
- Late diagnosis and misdiagnosis of bone fractures
- Late diagnosis and misdiagnosis of osteoarthritis and other degenerative conditions
- Orthopaedic surgery errors
- Negligence before, during or after a hip or other joint replacement
- Post-surgical infections
- Negligent treatment of spinal injuries
- Negligent treatment of Cauda Equina Syndrome and other conditions affecting the spinal nerves
How orthopaedic negligence claims work
Our clinical negligence solicitors provide compassionate, practical guidance through every stage of the process for claiming compensation for orthopaedic negligence.
A typical orthopaedic negligence claim will involve:
- Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
- Contacting the relevant healthcare provider with the details of your claim.
- Ensuring the defendant responds to your claim in a timely fashion.
- Assessing the defendant’s response and advising you of your options.
- Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
- Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.
Funding an orthopaedic negligence compensation claim
If you are worried about how to meet the cost of an orthopaedic negligence claim, we want to assure you that there are funding options to suit every circumstance.
Many of our clients work with us on the basis of a conditional fee agreement. Often referred to as ‘no win, no fee’, this means you do not have to find the money for your legal costs up front but will be able to cover them using a portion of the compensation secured if your claim is successful. If you claim does not succeed, you will not have to cover these costs at all.
In the event of a successful claim, the fees you pay will be determined based on a pre-agreed percentage of the damages. This means you will have transparency over the likely costs involved and will always get to keep the majority of your compensation.
Orthopaedic negligence claims can also often be funded using legal expenses insurance. Sometimes offered as an optional extra with home insurance policies, as well as with some bank accounts and credit cards, this can be worth considering where this option is available.
Our expertise in orthopaedic negligence claims
We have helped a number of clients with orthopaedic negligence claims over the years, including some very complex and contentious claims. Our strong track record of success means we have the experience and expertise to build the best possible case and help you achieve a fair outcome, no matter how difficult the situation.
Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.
Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.
What is the time limit to make an orthopaedic negligence claim?
The standard time limit for making most types or orthopaedic negligence claim is 3 years, which may be counted from when the negligence occurred or when it was uncovered, depending on the circumstances.
However, there are also other time limits that may apply, in particular when making a claim on behalf of someone other than yourself.
Examples of these alternative time limits for orthopaedic negligence claims include:
- For someone under the age of 18 – Their parents or guardians will have until their 18th birthday to bring a claim. If this is not done, the claimant can then bring their own claim up until their 21st birthday.
- For someone who does not have the mental capacity to bring a claim – There is no time limit for someone else to bring a claim for them
To bring a claim with respect to someone who died due to orthopaedic negligence – Their dependants or representative of their estate will usually have 3 years from the date of death.
Knowing which time limit applies and whether you still have time to make a claim can be complicated, so we always recommend speaking to a member of our clinical negligence team, no matter how long ago the negligence occurred.
How much compensation can you claim for orthopaedic negligence?
The value of an orthopaedic negligence claim will depend on the level of injury sustained, the impact this has had on the claimant’s life and any specific costs they have incurred as a result.
Depending on the situation, there are two types of damages you can normally claim for orthopaedic negligence:
Special damages – Covering specific financial losses incurred up to the date of settlement e.g. paying for private treatment, buying special equipment and lost earnings due to having to give up work.
General damages – Covering non-financial losses e.g. pain, suffering and changes to your lifestyle, as well as likely future financial losses, such as paying for ongoing care support and any long-term impact on your career.
What counts as negligence during orthopaedic surgery?
Medical negligence means more than just clinical staff making a mistake, it means that the standard of care provided fell below what is medically acceptable.
To be able to make an orthopaedic negligence claim, we will generally need to show:
- That the care given fell below the standard that would be expected from any competent medical professional in the same circumstances.
- That the negligence resulted in a worse outcome for the patient than would have been expected if competent care had been provided.
Proving orthopaedic negligence will rely on various types of evidence, including:
- Medical records
- Evidence from witnesses
- Evidence from independent medical experts
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