Orthopaedic Injury

Orthopaedic Injury Compensation

A traumatic bone or muscular injury can leave a lasting impact on you and your loved ones. Not only does it affect your health, but it can also dramatically change how you live your life. Accidents sadly happen, and if you are involved in one you could suffer an injury to your bones, muscles or joints – otherwise known as an orthopaedic injury. But what if something goes wrong with the treatment or diagnosis of your injury? It could leave you with longer-term complications to deal with.

While thankfully rare, there are times when things do go wrong. NHS Resolution data for 2018-19 shows that 10,678 negligence claims were made against the NHS in England – 12% of which (1,281) were the result of negligent orthopaedic treatment, or lack of. If you feel as if the care or treatment you received for your injury has created more problems than it solved, you may want to consider an orthopaedic negligence claim.

What are orthopaedic injuries?

First, let’s make it clear exactly what an orthopaedic injury is.

Any injury or medical trauma to a limb, hands, feet, muscles, ligaments, tendons, nerves, bones or joints come under the category of an orthopaedic injury.

While a slip, trip or more serious accident can cause orthopaedic injuries, it’s also possible that misdiagnosis or surgery going wrong can be at fault. If this happens to you, your injuries could have a much greater long-term impact on your life than they should.

You could make a claim for orthopaedic injury compensation if you’ve had to undergo surgery for an injury, including:

• Hand, arm or shoulder surgery
• Leg, knee foot or ankle surgery
• Joint replacement e.g. hip or knee
• Breaks and fractures
• Musculoskeletal cancer treatment
• Amputation
• Or delays in treatment for any of the above

Do you have an orthopaedic injury claim?

We all trust doctors and surgeons to not make mistakes. In the vast majority of surgeries and treatments, that’s just what happens. But it’s important to know if something does go wrong or a medical professional is negligent in their duty of care, you have the right to make a claim. Been Let Down has experience in supporting people with orthopaedic injury claims and our specialist legal team will be there to help you or a member of your family if you have a claim.

A 2011 study from the USA found that someone is more likely to make an orthopaedic medical negligence claim compared to other types of injury. If you think you may have a case, Been Let Down can help. We will listen to you to understand what happened, and the effect it has had. We’ll also support you through the whole process, providing you with the expert legal support you deserve.

You might have an orthopaedic injury claim if:

• You suffered orthopaedic problems during surgery and you feel the medical professional overseeing your care did not treat you correctly.
• Your orthopaedic surgeon failed to tell you about all the risks involved with your surgery and, as a result, something has since happened that has damaged your health.

Your orthopaedic injury doesn’t have to be the result of surgery to make a claim, however. If it’s caused instead by a slip, trip or some other form of accident that was not your fault, where the treatment you received was sub-standard, you can still make an orthopaedic injury compensation claim.

Types of orthopaedic medical negligence?

Poor care, errors and mistakes are thankfully rare, but they can happen at any stage of the treatment process. Orthopaedic injury claims can be in relation to a number of conditions that could have a profound impact on your life.

A misdiagnosis or delayed diagnosis of your injury can cause you undue pain and even make your injury worse. But during or after treatment is where the risk of something going wrong is at its highest.

According to one study into elective hip surgery in England, the “commonest cause of claim was post-operative pain”. The average amount of damages paid for this type of orthopaedic injury was just under £100,000. The study also found that “nerve damage and intra-operative fractures” were also common reasons for making a claim.

Types of orthopaedic medical negligence can include:

• Paralysis caused by spinal surgery
• Issues with walking / mobility after surgery
• Amputations, following delays in treatment
• Blood clotting or damage to blood vessels
• Nerve damage or trapping
• Grafts, implants or prosthesis not being fitted properly
• Infections and chronic pain
• ‘Wrong site’ surgery where the wrong body part or limb is operated on

Why choose Been Let Down for your orthopaedic injury claim?

At Been Let Down, our team of orthopaedic injury claim solicitors are dedicated to helping you get the compensation you deserve. If you suffer an injury that has resulted in significant changes to your way of life, we want to help you put it right. And we’ll be here every step of the way to guide you through the claims process with expert legal advice and practical support.

We understand it isn’t just the physical impact of orthopaedic injuries that you need to deal with. It’s important not to overlook the emotional effect that such injuries can have. And that’s why we believe in being there for you when you need us most.

Our experienced medical negligence solicitors have the empathy and understanding of what you’re going through. At no point will you be under any pressure to do anything you’re uncomfortable with. We promise to provide you with clear legal advice from friendly experts you can trust. And our relationship doesn’t have to end once your orthopaedic injury claim is settled either. If you need us, you can call on us.

All our solicitors are registered members of:

• The Law Society, the independent professional body for solicitors in England and Wales
• Been Let Down is also fully authorised and regulated by the Solicitors Regulation Authority.

No Win No Fee Orthopaedic Injury Claims

At Been Let Down, our solicitors can take on most cases on a ‘‘No Win No Fee’ basis – also known as a Conditional Fee Agreement (CFA). For more information, please call a member of our legal team who will be happy to talk you through No Win No Fee claims.

Why you should claim orthopaedic injury compensation

Making a claim for orthopaedic injury compensation is a step that requires consideration and thought. Your health and wellbeing should always be the number one concern. The idea of starting a claim can seem daunting and yet another thing to deal with.

Some people are also uncomfortable with the idea of making a claim against the NHS, and the effect this could have on frontline services. It is important to note that the total number of negligence claims against the NHS are relatively small. We understand exactly how you feel and can explain why we believe there are some important reasons to make an orthopaedic claim.

NHS Resolution is responsible for dealing with claims made against the NHS in England. NHS Resolution exists to provide support when things go wrong and has an annual budget in place to ensure compensation is paid fairly.

The most important reason for making an orthopaedic injury claim is that it helps you cover any losses you suffer as a result of your injury. This may cover loss of earnings, stress, trauma and pain caused due to orthopaedic medical negligence. It can also be used to cover the cost of any further treatment or therapy needed to get your life back on track as much as it’s possible to.

A claim can also be the way to bring about changes in the way things are done. If poor practices or processes led to your injury, your claim could highlight these issues and help to ensure nobody else goes through the same experience.

How do I start an orthopaedic injury claim?

If you feel you have a possible orthopaedic injury claim, the first step is to speak to a member of our friendly legal team. You can contact us online, request a call back or phone us free on 0800 234 3234 for your initial no-obligation enquiry. One of our expert team will then get in touch to find out more about you and your experience.

If we believe you have a case for orthopaedic injury compensation, we’ll then advise you if we’re able to take it on a No Win No Fee basis.

Our team is dedicated to get you the compensation you deserve to live your life to the fullest – no matter how severe or long-lasting the impact of your orthopaedic injury may be.

How long do I have to make an orthopaedic negligence claim?

We always recommend speaking with a legal expert as soon as you think you have a claim. This gives your case the best chance of success. But there is a time limit for making a claim too.

For adults, the limit is three years from the date of negligence or three years from the date of knowledge of the negligence. While it can often be from when the orthopaedic medical negligence occurred, the impact might not be known about immediately. So, this three-year limit can also apply from the date you start noticing symptoms, suffer from a related injury or evidence of malpractice is made known.

One of our legal experts will help you find out exactly where you stand if you’re not sure.

For children, the time limit only starts running on their 18^th birthday, so children will have until they are 21 to bring a claim. You can make a claim on their behalf any time up until that point. You might also be able to claim on behalf of an adult who lacks the capacity to do so themselves under the Mental Capacity Act 2005.

How much compensation could you receive for your orthopaedic injury?

Each claim is unique and the amount of orthopaedic injury compensation you could receive will depend on your own circumstances. Our solicitors will take into account everything that you’ve gone through, including your pain and suffering, any costs, out of pocket expenses, or loss of earnings you’ve incurred.

From that, your solicitor will work out how much they think you should receive.

Contact us today

Get in touch now and find out how we can help with your orthopaedic injury compensation claim. We’re here to give you all the support and information you need to make a successful claim.

Please call us on 0800 234 3234 or contact us and a member of our legal team will call you back.