Orthopaedics is the line of surgery and treatment involving the musculoskeletal system including bones, joints, ligaments, tendons and the spine. While the majority of operations are successful, mistakes can be made and orthopaedic medical negligence is not uncommon. Misdiagnosed or wrongly treated orthopaedic injuries can result in life-changing consequences, including longer treatment, rehabilitation and amputations. These consequences can be devastating and can impact a patient’s life, family and ability to return to work.
Here at Fletchers Solicitors, our team is specialised in handling sensitive medical negligence claims involving all types of orthopaedic injuries. Not only do we have 400 years’ experience in medical negligence law, but we also work with a team of medical professionals to build your case – meaning we can give you the best chance at securing the compensation you deserve.
What is an Orthopaedic negligence claim?
Orthopaedic negligence can occur when a patient has received substandard care.
Orthopaedic injuries and treatments are typically sought from an orthopaedic surgeon or specialist orthopaedic team. Injuries can be as a result of degenerative conditions, trauma or an accident or sports injury. However, it is how the injury or condition is treated by medical professionals that could give rise to a medical negligence claim.
You may be entitled to claim compensation if you have suffered injury as a result of orthopaedic treatment. At Fletchers Solicitors, we have represented patients who experienced unnecessary suffering due to medical negligence. This includes patients who have suffered delays in treatment or misdiagnosis/late diagnosis of a fracture, as well as patients who have suffered at the hands of poor surgical technique which has led to prolonged recovery time, further surgery and/or resulted in ongoing pain and suffering or permanent condition.
Our specialist legal team understands how debilitating orthopaedic negligence can be. That’s why we handle each case with compassion, guiding you through the legal system to get the compensation and treatment you deserve.
Different types of Orthopaedic Claims
Orthopaedics covers a broad range of injuries and treatments, from broken bones to hip replacements to spinal nerve damage. Our solicitors have represented patients who have experienced a variety of orthopaedic personal injury, including:
- Hand injuries – scaphoid fractures, distal radius fracture, carpel tunnel syndrome
- Hip or joint replacement
- Cauda Equina Syndrome – a condition that occurs when the bundle of nerves below the end of the spinal cord known as the cauda equina is damaged, resulting in lower back pain, leg pain, numbness around the anus, and loss of bowel or bladder control.
- Development dysplasia of the hip (congenital hip dislocation, hip dysplasia) – a condition where the ball and socket joint of the hip does not form properly in babies or young children.
At Fletchers Solicitors, our legal team are specialist medical negligence experts and have experience dealing with orthopaedic cases covering a wide variety of medical errors and injuries. Our cases have involved:
- Failure to identify or locate fractures during tests and X-rays, fracture displacement, carpel instability and unstable fractures
- Delay or incorrect diagnosis of fractures and tendons
- Incorrect treatment to fractures for example incorrect pins, screws including incorrect size or placing of the pins to the affected area, or failure to deal with fractures at all
- Incorrect prosthesis sizes used in joint replacement surgery, or prosthesis placed at the incorrect angle or in the incorrect position.
- Failure to remove fragments of bone that subsequently cause pain.
- Complications during surgery, resulting in additional surgical procedures, or delays in recognising failed joint replacement surgery resulting in avoidable pain and suffering.
- Failure to act quickly to treat Cauda Equine Syndrome. The rare condition requires immediate medical attention to decompress the nerve to provide the best chance for recovery of sensation and functioning in the affected areas.
- Failure to perform to an acceptable standard, or at all, the appropriate checks for Development Dysplasia of the Hip, which should always be carried out on all new-born babies and again at the usual 6 – 8 week check. Or failure to refer the baby or child for an ultrasound scan if there is evidence of an unstable hip.
If handled incorrectly, orthopaedic injuries and treatments can have a drastic impact on your life, family and career. Fletchers Solicitors understands the devastating impact that negligence can have on you and your family. Our solicitors will help you secure the compensation and treatment you deserve, so you can move on from your accident or injury.
Is there a time limit on making an orthopaedic surgery negligence claim?
The general time limit for orthopaedic claims is 3 years from the date of the injury or negligence occurred.
It is accepted that in some cases, you may be unaware that you were a victim of negligence until some time after the negligent action. The Limitation Act 1980 provides that a claim can be brought 3 years after you have actual or constructive knowledge of the negligence occurring. This includes anything that you may reasonably have been expected to discover yourself or through discussions with medical clinicians.
The 3 year time period for bringing a claim therefore commences from the date you became aware that you had been a victim of negligence.
In cases of children, the 3 year time period commences 3 years from their 18th birthday and therefore they have until their 21st birthday to bring their claim.
Contact us today to find out how we can guide you through the legal process.
Call us now on 0330 013 0251 or start your claim today with our online form.