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How Much Compensation For Orthopaedic Negligence Claims?

Orthopaedic negligence claim

Orthopaedic negligence claim

Have you been the victim of orthopaedic negligence? Orthopaedists cover many different conditions and diseases, from assisting with arthritis to carrying out hip replacements. No matter your condition or the type of treatment you required, if you received a substandard level of care and this impacted your health as a consequence, you will be able to launch a claim.

From delays in diagnosis to surgery errors, there are many different types of orthopaedic negligence claims. However, at Legal Expert, we have the experience to assist you no matter what has occurred. You can reach us on 0800 073 8804. You will speak to a friendly and experienced advisor who will happily assist in any manner possible. However, before you do so, please read on to find out everything you need to know regarding these claims.

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A Guide To Claiming Compensation For Orthopaedic Negligence Claims

If you want to make a claim for orthopaedic negligence, you may be at a loss regarding where to start with your case. That is what we are here for. We will explain everything you could possibly need to know about orthopaedic negligence claims. This includes details regarding the different types of claims, from missed fractures or broken bones to errors made during surgery. We will also explain the different damages you can claim for, as well as the figure of compensation you may be able to secure. Plus, you will find out about our legal service and why we believe it is the best personal injury claim service in the whole of the UK.

What Is Orthopaedics?

Before we can look into these hospital negligence claims, it is important to have a thorough understanding regarding orthopaedics. This is a medical specialty, which focuses on patients with skeletal deformities. Orthopaedic surgeons and experts will provide diagnosis, 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.

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 on 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
  • Hammer toes
  • Bunions
  • Bow legs
  • Scoliosis knock knees
  • Low back pain
  • Sciatica
  • Bursitis ruptured disk
  • 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, exercise, medication and other plans

If a healthcare professional makes a mistake with regards to the above four 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 regards 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 prosthesis
  • Nerve damage
  • Equipment malfunction
  • Delay in the diagnosis of developmental hip dysplasia or congenital hip dysplasia
  • Post operative 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.

Treatment Complication Claims

In order to claim for negligence, complications of treatment on their own are not sufficient, especially if the doctor has exercised the care and skill that is to be expected. In order to prove that you have a claim, you will need to show that the doctor did not provide an acceptable standard of care and this is why you have suffered complications.

Missed Broken Bones Or Fractures

There have been cases whereby a fracture has been overlooked. Not only can this hinder the recovery process, but 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 on-going mobility issues due to the interruption of the healing process. This means you can end up suffering worse medical issues than you should have.

Claiming For Errors During Surgery

You can also claim for medical orthopaedics mistake that have happened during surgery. Some examples include badly performed procedures, grafts that have not been applied properly, and poorly fitted prosthesis. Such issues may not be evident at first. They can often arise at a later assessment. You will still be able to make a 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 post-operative 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 income 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.

What Can I Claim For When Making 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 give you a better idea of how medical negligence compensation is calculated, so you can get an improved understanding.

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…

  • Cost of medical treatment
  • Counselling expenses
  • Travel costs
  • Loss of income
  • 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.

Time Limits On Orthopaedic Negligence Claims

There is a three-year time limit on all personal injury cases. This is something a lot of people are not aware of and, unfortunately, they learn the hard way. This three years starts from the date of the accident and court proceedings must be issued within the time frame. Therefore, if you suffered orthopaedic negligenceon 17thJuly 2016 you will have until 16thJuly 2019 to make your claim. There are some exceptions to this rule and this relates to instances where it is impossible to pinpoint an accident date, i.e. injuries that have occurred over time, so this would mean the effects of medical negligence did not show themselves straight away. In these instances, you will have three years from the date of your diagnosis instead.

Aside from this, another reason why you should consider making your claim sooner rather than later is because you will find it much easier to make a strong case. The details are going to be fresh in your mind. Moreover, your personal injury solicitor will find it a lot easier to gather crucial evidence, such as witness statements. After a couple of years, the contact details for the witnesses may not be the same, or the witness may not remember the incident very well.

Calculating Compensation For Orthopaedic Negligence

When launching orthopaedic negligence claims, it is important to have a good understanding regarding 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 set list 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 regarding the typical payouts for injuries linked to orthopaedic and mental health negligence. Please use the table below for this.

The type of injury sufferedDetailsThe usual payout
Pelvis and hip injuryLikelihood of hip replacement surgery in the future.£34,340 to £46,040
Psychological damageSevere£48,080 to £101,470
Psychological damageModerately severe£16,720 to £48,080
Psychological damageModerate£5,130 to £16,720
Psychological damageLess Severe£1,350 to £5,130
Severe neck injuriesSerious fractures or damage to discs in the cervical spine.£57,620 to £114,810
Moderate back injuriesSubstantial risk of osteoarthritis.£24,340 to £34,000
Severe foot injuriesOsteoporosis. Fractures of both heels.£36,800 to £61,410
Amputations - LegLoss of Both Legs£211,150 to £247,280
Amputations - LegBelow-knee Amputation of Both Legs£176,660 to £236,840
Amputations - LegAbove-knee Amputation of One Leg£91,910 to £120,530
Amputations - LegBelow-knee Amputation of One Leg£85,910 to £116,620
Amputations - ArmLoss of Both Arms£211,150 to £263,060
Amputations - ArmLoss of one arm - Arm Amputated at the ShoulderNot less than £120,270
Amputations - ArmLoss of one arm - Above-elbow Amputation£96,150 to £114,810
Amputations - ArmLoss of one arm - Below-elbow Amputation£84,310 to £96,150
Moderate or minor elbow injurySimple fracturesUp to £11,040
Wrist injuryAn uncomplicated Colles’ fracture.In the region of £6,510

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.

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 orthopaedic negligence claims, which are discussed below:

  • Risk Eliminated – First and foremost, you can minimise risk dramatically by hiring 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 a 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.

How We Can Help You Take Action For Orthopaedic Negligence

Choosing a firm to assist you is one of the most important steps in ensuring you get the full amount of money you are entitled to. While there are lots of firms in the UK, you are going to struggle to find better than Legal Expert. Read on to discover the reasons why Legal Expert is the best choice for you.

  • Experience – We were established many years ago, and since then we have successfully helped thousands and thousands of personal injury victims to get the money they deserve. You can be confident that we will have handled cases similar to yours time and time before.
  • No Win, No Fee – All of our provided accident lawyers work on a No Win, No Fee basis. This is beneficial for you for a number of reasons. Firstly, you will not be subject to an upfront payment when it comes to starting the claim process. Also, financial risk is lowered dramatically, as you will not pay any legal fees if your case is not successful.
  • We secure the maximum payouts – We don’t just secure compensation. We secure the maximum amounts of compensation.
  • We care – We know that you are likely to already be feeling stressed and worried as it is, after all, you have your injuries to cope with. We do not want to add to this stress. Our lawyers will handle everything in the quickest and smoothest manner possible.
  • Reputation– We have an impeccable reputation in the industry. All you need to do is read the reviews that have been left by our previous clients to see that this is the case.

There is no one better to help you get the amount of compensation you deserve. Get in touch with Legal Expert today to discuss your case in further detail.

Start Your Claim Today

If you are looking for the best medical negligence lawyers UK based, you will struggle to find better than that which Legal Expert can offer you. We have plenty of years of experience in the industry and we can help you to get the compensation you deserve. 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. You can also get in touch via live chat or email. Plus, there is the option to request a free call back on our website too. No matter how you get in touch, the legal advice we provide is free of charge and comes with no obligation to continue with our service.

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.

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