Orthopaedic Negligence Claims

An orthopaedic injury refers to any medical trauma or injury to the following:

• Bones
• Muscles
• Ligaments
• Tendons
• Soft tissues
• Nerves
• Joints

As a result, orthopaedic injuries are typically complex. While the UK has a strong history of orthopaedic development and innovation, unfortunately, accidents can still happen.

Typical causes of orthopaedic injuries might include:

• Falls and slips
• Sudden twisting motions
• Car accidents
• Sporting accidents
• In-home accidents
• Workplace accidents

Symptoms that could signal an orthopaedic injury include:

• Pain
• Redness
• Swelling
• Bruising
• Tenderness
• Numbness
• Inability to bear weight
• Limited range of motion
• Restricted movement
• Bleeding

While a slip, trip or more serious accident can cause orthopaedic injuries, it is also possible that clinical negligent treatment or surgery is at fault.

There are various types of orthopaedic injury arising from clinical negligence, including:

• Misdiagnosis or late diagnosis
• Inappropriate or substandard treatment
• Unnecessary surgery
• Errors in surgery
• Non-union or mal-union of fractures
• Muscle or tendon damage
• Nerve damage
• Circulation damage
• Serious wound or bone infection
• Paralysis
• Amputation

Whilst orthopaedic injuries arising from negligent treatment or surgery are rare, when they happen, they can leave a lasting impact on you and your loved ones. Not only can it affect your health, it can also have long-term implications and dramatically change how you live your life.

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.

We all trust doctors and surgeons to not make mistakes. However, it is important to know that if something does go wrong where a medical professional was 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 help you or a member of your family.

A 2011 study from the USA found that people are more likely to make an orthopaedic medical negligence claim compared to other types of injury.

If you think you may have a case, we can help. We will listen to you to understand what has happened and the effect it has had on your life. We will also support you through the process, providing you with the expert legal support you deserve.

The thought of making a claim for compensation for an orthopaedic injury you have sustained as a result of clinical negligence can seem a daunting process.  However, it can help to put you back in the place you were before the negligence occurred. If you are successful, you can recover compensation for the injuries you have sustained, together with any financial losses you have incurred as a result of the clinical negligence.  It can also cover the cost of any further treatment or therapy you need to get your life back on track.

A claim can also be a way of bringing about changes in the way orthopaedic treatment and/or surgery is carried out. If poor clinical practices or processes led to your injury, your claim could highlight these issues to a healthcare provider and help to ensure nobody else goes through the same experience.

Clinical negligence, regardless of the healthcare provider, shows a lapse in duty of care when the expected standard has not been met.

Some people are uncomfortable with the idea of making a claim against the NHS, and the effect this could have on frontline services. However, it is important to note that the total number of negligence claims against the NHS is relatively small.

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

Our experienced legal team is dedicated to securing the compensation you deserve to help you move on with your life – no matter how severe or long-lasting the impact of your orthopaedic injury.

If you believe 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 callback or phone us free on 0800 234 3234 for your initial no-obligation enquiry.

One of our legal expert team will get in touch to find out more about you and the injury you have suffered. We will advise you if we are able to take it on a No Win No Fee basis.

We always recommend speaking with a legal expert as soon as you think you have a clinical negligence claim as there is a strict time limit for making a claim.

The general limitation rule is that you have 3 years from the date on which you sustained an orthopaedic injury attributable to negligence to issue court proceedings.  Sometimes, you may not be aware that your orthopaedic injury is attributable to negligence until a later date.  In these circumstances, you would have 3 years from your date of knowledge in which to issue court proceedings.

If a person dies as a result of negligence, court proceedings must be brought on behalf of their Estate and/or their dependants within 3 years of the date of death.

For children, the time limit only starts running on their 18th birthday, so children will have until their 21^st birthday to bring a claim. We would always recommend instructing a solicitor as soon as possible.

If the injured party lacks mental capacity, then the 3-year limitation period will not apply, unless they regain mental capacity at a later date.  If mental capacity is regained, the limitation clock will start to run and the injured party will have 3 years in which to bring a claim from the date on which they regained mental capacity.

However, it is important to note that under the Mental Capacity Act 2005, there is a presumption of capacity.  It cannot be assumed that a person does not have capacity to make their own decisions regarding their legal claim because they have a particular disability or condition, unless there is evidence proving they lack capacity.

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

At Been Let Down, most of our cases are funded on a No Win No Fee basis – also known as a Conditional Fee Agreement (CFA). Having this agreement in place means you will only pay a pre-agreed percentage fee, which is deducted from the compensation you are awarded, in the event your claim is successful. If your claim is unsuccessful, there will be no payment expected from you.

For more information, please contact a member of our legal team who will be happy to discuss this in more detail.

You can make an orthopaedic injury claim on behalf of someone who is under 18, or an adult who is incapable of making the claim themselves under the Mental Capacity Act 2005.

You can get in touch if you are unsure whether you can claim on behalf of another person and our legal experts will advise you further.

All solicitors are bound by a code of confidentiality in accordance with our professional conduct rules. We have a professional duty to keep your personal details and information about your claim confidential, so you will not need to worry about anybody accessing this without your consent.

Even if you have an initial, no-obligation enquiry and decide not to proceed, our duty of confidentiality still applies.

A number of factors with determine how long a clinical negligence claim will take, including the severity of the injury and whether the NHS or private healthcare provider responsible accepts fault.

At Been Let Down, we advise clients at the outset that the average lifecycle of a case is in the region of 2 years.

If you are successful, the amount of compensation awarded for a negligent orthopaedic injury can vary. It depends on a number of factors, including the severity of the injury, how long you have had the injury and the impact it has had on your life. Consideration will also be given to any financial losses you have incurred as a result of the negligence.

Our legal experts will be able to advise you throughout your case.