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How Much Compensation For Orthopaedic Negligence Claims?

orthopaedic negligence

Orthopaedic negligence

By Stephen Taylor. Last Updated 25th October 2021. Welcome to our guide on orthopaedic negligence claims.

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.

At Legal Expert, we have the experience to assist you no matter what has occurred. You can reach us on 0800 073 8804 or fill out a contact form online to have us call you. 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 these types of personal injury 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, 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 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.

Orthopaedic negligence claims statistics

In this section of our guide, let’s take a look at some relevant orthopaedic negligence claims statistics.

The first batch is taken from an NHS report on Never Events suffered by the organisation between 2019 and 2020. These are incidents that were entirely preventable and should not have happened if adherence to official guidelines was demonstrated.

That year alone, there were a reported 205 serious incidents logged in the NHS’ systems as Never Events. These incidents reportedly took place between April and October, with some of the most common occurrences including:

  • 69 wrong-site surgeries
  • 42 foreign objects retained post-procedure
  • 16 misplaced gastric tubes leading to incorrectly administered feed

Financially, the organisation’s annual report showed which NHS departments paid out the highest valued clinical negligence claims:

  • Obstetrics (£2.5 billion)
  • Emergency medicine (£422 million)
  • Paediatrics (£333 million)

Another insightful report by the NHS is the annual financial report for 2019 to 2020. During that year, the organisation received 11,682 new clinical negligence claims made against them, of which the graph below shows how these claims are divided between departments. As you can see, clinical negligence claims made in orthopaedic fields were the third-highest at 1,262 that year.

orthopaedic negligence claims

Orthopaedic negligence claims statistics graph

 

As these figures demonstrate, there are many different ways that you could encounter medical negligence through no fault of your own and in some cases, it’s clear that you could suffer as a result.

More recent stats released in the NHS Resolution Annual Report 2020/21 show that a total of 10,816 medical negligence claims were reported within this time period.

Whatever type of medical negligence you suffered as a result of, please get in touch today to see if you could make a claim. Free of charge, we can offer you a consultation on your case and give you expert legal advice to help inform your next steps.

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

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 orthopaedics 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 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 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…

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 3-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. These 3 years start from the date of the accident and court proceedings must be issued within the time frame.

Therefore, if you suffered orthopaedic negligence on 17th July 2016 you will have until 16th July 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 that 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 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 sufferedDetailsThe usual payout
Pelvis and hip injury- Severe Likelihood of hip replacement surgery in the future.£36,770 to £49,270
Psychological damage- Severe There will be a poor prognosis and marked problems with life, education, work and relationships.£51,460 to £108,620
Psychological damage- Moderately severeThere will be significant problems with life, education, work and relationships, but the prognosis will be better than in more serious cases £17,900 to £51,460
Psychological damage- ModerateThere will have been some problems with life, education, work and relationships, but a marked improvement with treatment and a good prognosis. £5,500 to £17,900
Psychological damage- Less SevereThe 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.£1,440 to £5,500
Severe neck injuriesSerious fractures or damage to discs in the cervical spine.£61,710 to £122,860
Moderate back injuriesSubstantial risk of osteoarthritis.£26,050 to £36,390
Severe foot injuriesOsteoporosis. Fractures of both heels.£39,390 to £65,710
Amputations - LegLoss of Both Legs£225,960 to £264,650
Amputations - LegBelow-knee Amputation of Both Legs£189,110 to £253,480
Amputations - LegAbove-knee Amputation of One Leg£98,380 to £129,010
Amputations - LegBelow-knee Amputation of One Leg£91,950 to £124,800
Amputations - ArmLoss of Both Arms£225,960 to £281,520
Amputations - ArmLoss of one arm - Arm Amputated at the ShoulderNot less than £128,710
Amputations - ArmLoss of one arm - Above-elbow Amputation£102,890 to £122,860
Amputations - ArmLoss of one arm - Below-elbow Amputation£90,250 to £102,890

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 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 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 a better one than Legal Expert. Read on to discover the reasons why Legal Expert is the best choice for you when considering making a claim.

  • 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.
  • 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.
  • 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.

Whichever way you choose to get in touch with us, the legal advice we provide is free of charge and comes with no obligation to continue with our service. We hope our orthopaedic negligence claims guide has helped you today.

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.

Other Medical Negligence Guides

Orthopaedic Negligence Claims FAQs

Does it cost anything to make an orthopaedic negligence claim?

If you choose to have a solicitor’s representation in your medical negligence claim, some solicitors’ hourly fees can quickly add up, leading to an expensive claims process. With Legal Expert, our No Win No Fee agreement (sometimes called a Conditional Fee Agreement) means that you won’t pay a penny for your claim until your compensation is paid.

How much can I receive in a claim for orthopaedic negligence?

The amount that you will receive for your negligence claim will vary greatly; each claim is assessed on a case-by-case basis, meaning there is no way of valuing your claim without knowing more about your specific circumstances.

What would a patient have to prove to claim negligence?

In order for you to have a case for medical negligence, you need to show that you were owed a duty of care by a medical professional, that they neglected this duty of care and that this neglect led to pain and suffering.

What damages can be claimed for negligence?

Claims for medical negligence are made up of two “heads”. The general damages head of the claim compensates you for the impact your injury has had on your quality of life, whether in the long term or short term. Special damages cover any out of pocket expenses that your injuries have caused you.

What can I do to strengthen my claim for orthopaedic negligence?

The best way to ensure that you receive the maximum compensation is to collect as much evidence surrounding your injury as possible. Make sure that you keep evidence, like receipts or invoices, of any expenses you’ve had to pay out as otherwise they won’t be included in special damages.

How long do you have to make Orthopaedic injury claims?

There are time limits that apply to all medical negligence cases. If you think that you do have a medical negligence claim, it is important that you contact a solicitor and start your claim at the earliest possible opportunity. This is because there is (in general) a three-year time limit that applies to personal injury claims.

Most claims must be made within three years of either the negligence happening or of you becoming aware of the injury.

Can my child make an orthopaedic negligence claim?

Someone under the age of 18 can’t make a claim for themselves, but a litigation friend can claim on their behalf until they turn 18. Once they become an adult, they have until their 21st birthday to claim themselves.

How long do these claims take?

Each medical negligence claim is unique and so it can be hard to say exactly how long the claim will take without looking at the individual circumstances.

A factor that will affect the length of time a claim takes is whether the other party does or does not accept liability for the injury.

Another factor that can affect the length of time a claim takes is the severity of the injury. The more severe an injury is, the longer a claim may take to make.

Thank you for reading our guide on how to make orthopaedic negligence claims.

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