How Much Compensation For Orthopaedic Negligence Claims?
By Stephen Hudson. Last updated 7th July 2023. You may be entitled to claim compensation for medical negligence if you suffered avoidable harm during orthopaedic surgery. This may have occurred due to a breach in the duty of care owed to you. This guide explains the requirements and steps to making an orthopaedic negligence claim and how our medical negligence solicitors can help you.
Also in this guide, we’ll explain the different ways a healthcare professional may breach a patient’s duty of care and cause harm during orthopaedic surgery. We’ll also offer guidance on potential compensation payouts for injuries you may claim for due to orthopaedic medical negligence.
Orthopaedic negligence
For more advice on claiming medical negligence compensation, you can speak to our friendly team of advisors. They’re available 24 hours a day, 7 days a week, to respond to your questions and provide free advice. To get in touch with our team, you can:
- Give us a call on 0800 073 8804
- Use our 24/7 online live chat service
- Fill in our online contact page
Select A Section
- What Is Orthopaedics?
- Different Types Of Orthopaedics Negligence Claims
- Missed Broken Bones Or Fractures
- Claiming For Errors During Surgery
- Secondary Treatment Mistake Claims
- What Can I Claim For Through A Orthopaedic Negligence Claim?
- How Long Do I Have To Start A Surgical Negligence Claim?
- Calculating Compensation For Orthopaedic Negligence
- No Win No Fee Compensation For Orthopaedic Negligence
- Further Links And Resources
What Is Orthopaedics?
Before we can look into these orthopaedic negligence claims, it is important to have a thorough understanding of orthopaedics. This is a medical speciality, which focuses on patients with skeletal deformities.
Orthopaedic surgeons and experts will provide diagnoses, as well as treatment, prevention, and correction for disorders concerning the skin, nerves, tendons, ligaments, muscles, joints, and bones. These are all elements that make up the musculoskeletal system. Negligence in diagnosing or treating these kinds of ailments could give you grounds to make a claim.
Your musculoskeletal system in your body is an intricate system of nerves, muscles, tendons, ligaments, joints, and bones, which enables you to be active, work, and move. Orthopaedics concentrates on providing care for people of all ages with a wide range of conditions. This includes older people with arthritis, young athletes that need arthroscopic surgery, and newborns with club feet.
Specialists in orthopaedics will use a range of methods to treat all elements relating to the musculoskeletal system. Not only does this include surgery but it also includes rehabilitative, physical, and medical methods. As you can probably tell, there are many conditions and diseases that are treated under this healthcare bracket. This includes all of the following:
- Growth abnormalities
- Unequal leg length
- Abnormalities of the toes and fingers
- Club foot
- Cerebral palsy
- Muscular dystrophy
- Bone tumours
- Osteoporosis
- Arthritis
- Hammertoes
- Bunions
- Bowlegs
- Scoliosis knock knees
- Lower back pain
- Sciatica
- Bursitis ruptured disc
- Pulled muscles
- Tendon injuries
- Strains
- Sprains
- Torn ligaments
- Dislocations
- Fractures
Generally speaking, orthopaedists are skilled in the following areas:
- Diagnosing your disorder or injury
- Putting together treatment plants and information to slow the progression of diseases or prevent injury
- Recommending physical therapy or exercise for rehabilitation through restoring function, strength, and movement
- Treatment with surgery, for example, spinal surgery, hip replacement surgery or joint replacement.
- Exercise, medication and other plans
If a healthcare professional makes a mistake with regards to the above categories, it could have a negative impact on your health. This would enable you to launch a personal injury claim.
Different Types Of Orthopaedics Negligence Claims
From performing a hip replacement operation to diagnosing a broken arm, there are many different personal injuries that orthopaedics covers. Because of this, there are many different types of medical claims that are launched with regard to this field of healthcare.
While the vast majority of people that are treated by orthopaedists are done so successfully, there is no denying that there are mistakes too. In fact, did you know that orthopaedic surgeons are twice as likely to be sued when compared with any other wing of the medical profession? If you have been the victim of orthopaedic surgery mistakes, you will be entitled to compensation.
Here are some examples of orthopaedic surgery negligence mistakes that have resulted in successful cases:
- Incorrect size of the prosthesis
- Nerve damage
- Equipment malfunction
- Delay in the diagnosis of developmental hip dysplasia or congenital hip dysplasia
- Postoperative infection
- No consent to surgery
- Wrong-site surgery
- Problems arising during elbow, knee or hip replacement
- Delay in diagnosis
Please note that these are just a handful of examples and you will be able to claim for any type of orthopaedic surgery malpractice.
Missed Broken Bones Or Fractures
It’s not just actively administering the wrong treatment or making mistakes during surgery that may give you grounds to make orthopaedic negligence claims. Overlooking a broken or fractured bone can hinder the recovery process, and also it can be very painful.
While the vast majority of orthopaedists do evaluate fractures properly, if your fracture has been missed or not diagnosed correctly, you can make a claim. This can cause ongoing mobility issues due to the interruption of the healing process. This means you can end up suffering worse medical issues than you should have.
If you’d like to know more about claiming for surgical errors, our next section will be of use to you.
Claiming For Errors During Surgery
You can also claim for medical orthopaedic mistakes that may have happened during surgery. Some examples include badly performed procedures, grafts that have not been applied properly, and poorly fitted prosthesis.
You can also claim for unnecessary surgery that was performed because of a doctor or surgeon’s negligence. Such issues may not be evident at first. They can often arise at a later assessment. You will still be able to make a personal injury claim regardless.
Secondary Treatment Mistake Claims
We can also help you to make a claim for secondary problems regarding orthopaedic surgery. For instance, you can claim if you suffered tissue damage and subsequent amputation because a tourniquet was applied over long periods of time.
Do you feel that you did not give consent for a procedure that was carried out? If so, you can also make a claim. It is imperative that the medical professional consults you before any procedure so that you are aware of any potential risks.
Substandard care can also cause nerve damage, muscular damage, and postoperative infection. This can lead to the following scenarios:
- The inability to perform everyday activities
- Being unable to leave the house without assistance
- Being unable to enjoy social activities
- Loss of earnings due to being unable to work
- Being unable to work because of the pain
- Mental or emotional distress because of all of the factors mentioned above
You will be able to claim for all of the above with solicitors hospital negligence expertise. If you’re curious to know more about what can be included in your claim, then please read on.
What Can I Claim For Through A Orthopaedic Negligence Claim?
If you are planning on making a compensation claim you will obviously want to know how much money you could be entitled to. Of course, it is impossible to provide you with an exact answer, especially without knowing the ins and outs of your case.
Nonetheless, we will provide you with a better idea of how medical negligence compensation is calculated, so you can get an improved understanding. We could provide an estimate on your potential compensation payout based on the details you’re able to provide when making orthopaedic negligence claims.
General damages
First and foremost, you have general damages. This is the compensation you will receive for the injury itself. This is calculated based on the severity of the injury and the impact it is having on your life now and in the future. Therefore, those with more serious injuries will receive a greater amount of compensation.
Special damages
There is another part of compensation and this is special damages. This is designed to compensate you for any out of pocket expenses you have incurred because of the incident. Here are some popular examples…
- Medical bills
- The cost of care
- Damage to property
- Counselling expenses
- Travel costs
- Loss of earnings
- Childcare expenses
If you have encountered any expenses because of the injury, you should keep the receipt or any other proof you have, as you will need this when it comes to making your claim.
If you would like a better idea of how much you could be entitled to, head to the compensation calculator section below or give our team a call.
How Long Do I Have To Start A Surgical Negligence Claim?
You might be wondering, ‘can negligence claims against the NHS or a private healthcare provider be made?’. You should know that, if you have sufficient evidence, such claims have to be started within a certain time limit. This will generally be three years, either from:
- The date of the negligent operation
- The date you were first made aware of the harm caused by the operation
However, this will not apply to those under the age of 18 at the time of their operation – the time limit will only begin on their 18th birthday. Also, if the claimant was/is mentally incapacitated, the time limit will only start when/if they regain capacity.
In either instance, the claimant could be represented by a litigation friend until they are able to represent themself. This is all according to the Limitation Act 1980.
If you would like to know if you are eligible to start a medical negligence claim, then please reach out to one of our advisers. We are experienced in surgical negligence claims and can provide answers to any questions you may have.
Calculating Compensation For Orthopaedic Negligence
When launching any orthopaedic negligence claims, it is important to have a good understanding of the amount of compensation you may receive. However, it is also critical that you recognise that all cases are handled on an individual basis.
This means that the unique circumstances surrounding your case are taken into consideration and you are awarded a fair amount based on this. There isn’t a setlist of payouts so to speak. Furthermore, if a solicitor promises you ‘x’ amount of money, this should be a great concern.
No legal professional has the power to do this. However, we are able to ensure that you get a better understanding of the typical payouts for injuries linked to orthopaedic and mental health negligence. Please use the table below for this.
| The type of injury suffered | Details | The usual payout |
|---|---|---|
| Pelvis and hip injury- Severe (iii) | Likelihood of hip replacement surgery in the future. | £39,170 to £52,500 |
| Psychological damage- Severe | There will be a poor prognosis and marked problems with life, education, work and relationships. | £54,830 to £115,730 |
| Psychological damage- Moderately severe | There will be significant problems with life, education, work and relationships, but the prognosis will be better than in more serious cases | £19,070 to £54,830 |
| Psychological damage- Moderate | There will have been some problems with life, education, work and relationships, but a marked improvement with treatment and a good prognosis. | £5,860 to £19,070 |
| Psychological damage- Less Severe | The level of the award will take into consideration the length of the period of disability and the extent to which daily activities and sleep were affected. | £1,540 to £5,860 |
| Severe neck injuries (ii) | Serious fractures or damage to discs in the cervical spine. | £65,740 to £130,930 |
| Moderate back injuries (i) | Substantial risk of osteoarthritis. | £27,760 to £38,780 |
| Severe foot injuries | Osteoporosis. Fractures of both heels. | £39,390 to £65,710 |
| Amputations – Leg | Loss of Both Legs | £240,790 to £282,010 |
| Amputations – Leg | Below-knee Amputation of Both Legs | £201,490 to £270,100 |
| Amputations – Leg | Above-knee Amputation of One Leg | £104,830 to £137,470 |
| Amputations – Leg | Below-knee Amputation of One Leg | £97,980 to £132,990 |
| Amputations – Arm | Loss of Both Arms | £240,790 to £300,000 |
| Amputations – Arm | Loss of one arm – Arm Amputated at the Shoulder | Not less than £137,160 |
| Amputations – Arm | Loss of one arm – Above-elbow Amputation | £109,650 to £130,930 |
| Amputations – Arm | Loss of one arm – Below-elbow Amputation | £96,160 to £109,650 |
If you cannot find the injury you have suffered above, there is no need to worry, as you can still make a claim. Simply give us a call for more information regarding average payout amounts for orthopaedic negligence claims.
No Win No Fee Compensation For Orthopaedic Negligence
All of the panel of our solicitors at Legal Expert work on a No Win No Fee basis. This means that you will only pay legal fees if your case is successful. There are four key benefits associated with No Win No Fee personal injury claims, which are discussed below:
- Financial Risk Eliminated – First and foremost, you can minimise risk dramatically with a No Win, No Fee personal injury lawyer. A lot of people worry about hiring a personal injury lawyer because they fear they could end up paying huge sums of money only for their case to be unsuccessful. It is not something most people can afford. However, you don’t have to worry about this with a No Win, No Fee solicitor, as you won’t be subject to any legal fees if your case does not win.
- Better Service – You can be confident of much better service when hiring a No Win No Fee lawyer. After all, the lawyer is going to be more impacted by the outcome of your case, and so they will be giving it the level of attention it requires and deserves.
- No Time-Wasting – If the solicitor in question does not believe your case is strong, they will tell you. They won’t waste your time, as it is of no benefit to them. However, with a traditional solicitor there is always the risk that they are only taking on your case to make themselves some money.
- No Upfront Costs – Finally, if you go for a No Win No Fee service you will not have to pay costs upfront to get your case started. This is often a big hurdle people face when they go for a solicitor who charges by the hour. A mere consultation can cost a fortune.
Get in touch with Legal Expert today to discuss your case in further detail:
- You can reach our team on 0800 073 8804. You can call us from 9.00 a.m. until 9.00 p.m. from Monday to Friday.
- Alternatively, you can get in touch via the live chat on your screen.
- Plus, there is the option to request a call back using our contact form.
Further Links And Resources
We hope that you have found this guide useful in your quest to seek more information about orthopaedic claims. However, if you need more information, the links below may assist.
- Clinical/Medical Negligence Guide – This link takes you to our clinical and medical negligence claim guide where you will find plenty of information regarding these sorts of claims, including how much compensation you may receive.
- The roles of different medical staff – This link takes you to the NHS career page on trauma and orthopaedic surgery. This will enable you to find out more about what an orthopaedic surgeon does.
- Report Concerns About A Doctor – In this guide from the General Medical Council you can find out how to report concerns about a medical professional.
- Find Orthopaedic Services – How to find relevant NHS services in your local area.
- GP And Doctor Medical Negligence Claims – This is our updated guide on making a compensation claim against a doctor or GP.
Other Medical Negligence Guides
- A Guide to Bed Sores/Pressure Sore Negligence Compensation Claims
- Breast Cancer Negligence Compensation Claims Guide
- Negligence Carpal Tunnel Surgery Claims Guide
- How To Make A Dry Needling Negligence Claim
- Eastbourne Walk-In Centre Medical Negligence
- Sutton Coldfield Walk-In Centre Medical Negligence
- Abingdon Medical Negligence Solicitors
- Aldershot Medical Negligence Solicitors
- Ashford Medical Negligence Solicitors
- Medical Negligence Claims Guide
- Cancer Misdiagnosis Claims
Thank you for reading our guide on how to make orthopaedic negligence claims.
