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  • Orthopaedic Negligence Claims

Orthopaedic Negligence Claims

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While most orthopaedic related operations, such as hip replacements are successful, accidents can sometimes happen. Orthopaedic medical negligence can have a long-term and debilitating impact on your life. We understand this can be traumatic and life-changing for you and will leave you wanting answers.

Whether you’ve had a faulty hip or knee replacement or a broken bone or joint that wasn’t spotted by hospital staff, our medical negligence solicitors could help you claim compensation. Contact us to start your claim.

What constitutes negligent orthopaedic treatment?

Orthopaedic procedures (the medical term given to operations involving bones) commonly involve fractures and joint replacements.

Most orthopaedic procedures are successful, but when they go wrong, they can have serious consequences for your mobility, independence, and quality of life. Our medical negligence solicitors have helped with different types of negligent orthopaedic treatment.

We’ve represented clients in cases where there was a failure to:

  • Treat a broken bone
  • Align the broken bone properly, resulting in a displaced fracture
  • Refer a patient to a specialist.

Other examples of negligent orthopaedic treatment include:

  • Hip replacements which lead to a foot drop
  • Faulty knee replacement surgery
  • Unnecessary surgery for a broken bone that could’ve been treated with a plaster cast.

If you’ve experienced orthopaedic negligence, you can rest assured that our lawyers have the tenacity to make sure you get the compensation and rehabilitation you deserve. Most of the orthopaedic claims we manage are made using a no win no fee agreement. This means there’ll be no financial risk to you should your claim be unsuccessful.

Why choose Irwin Mitchell to handle your orthopaedic negligence claim?

Our medical negligence team is the largest of any law firm in the UK. We’ve helped thousands of clients get an apology and compensation for orthopaedic medical negligence.

We’ll explain everything to you in plain English, to make sure you make informed decisions each step of the way. Our experts will offer their opinion on the best course of action, but ultimately the final choice is yours.

During your claim, and after, you’ll be supported by our Support and Rehabilitation Co-ordinators. This team are trained medical specialists and will get you the support you need. The support will always be local to you and could be:

  • Financial support
  • Emotional support
  • Physical support.

Once you receive your compensation, you might have questions about how to make sure it’s there for you when you need it. Our Asset Management team are expert financial planners and advisors, and they’ll be there to help you.

Our teams will always work in a way that’s best for you. This could be organising video or phone calls, or meeting at an appropriate location. We’ve offices around the UK with confidential meeting rooms where you can discuss your claim with your orthopaedic negligence solicitor.

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Orthopaedic Negligence Claims - More Information

Once you’ve contacted us, we’ll set you up with an initial consultation with an expert lawyer. Here, we’ll learn more about what happened to you that led to orthopaedic medical negligence. We’ll also discuss funding for your claim, including no win no fee agreements.

Next, we’ll gather evidence about your injuries, mainly medical records from your visits to hospital and doctors. We also use independent medical professionals to help assess your injuries and care. They’ll also be able to help us understand how your injuries will affect your life moving forward.

Our experts will take your claim to those we feel are responsible. If they accept they’re to blame, we’ll work to get you interim payments that can help cover any expenses you’ve already had. All interim payments will be taken from your final compensation amount.

If the other party don’t accept fault or disagree with the compensation amount, we might need to go to court. Going to court can make your claim take longer, but we’ll be with you every step of the way. Even when a court date is set, your claim can still be settled out of court.

With most orthopaedic medical negligence claims, you’ve got three years from the date of the negligence to claim. If you didn’t become aware your injuries were caused by negligence until later, you’ve got three years from the date you became aware to make a claim.

The three-year rule doesn’t apply to:

  • Children – the three years start when they turn 18
  • People who lack mental capacity.

When you contact us, we can tell you more about time limits for making a claim.

Yes, most of our orthopaedic medical negligence claims are made using a no win no fee agreement. This means if your claim is unsuccessful, there’s no financial risk to you.

A no win no fee agreement may involve setting up an insurance policy if you don’t have one already.

This’ll protect you and doesn’t cost anything. You’ll only have to pay anything when your claim is successful, with the other party paying most of our fees.

The amount of compensation awarded in an orthopaedic negligence claim differs from case to case. When you tell us more about what’s happened, we can better guide you on how much you might receive.

When assessing how much compensation you’re entitled to, we’ll consider:

  • Specialist rehabilitation treatment and care
  • Aids/equipment
  • Adaptations to your home
  • Ongoing problems, for example limping pain
  • Loss of earnings
  • Your pain and suffering
  • Travel expenses to appointments.

If the claim is on behalf of a child, the full extent of the injuries might not be discovered until they grow up. We’ll make sure the compensation amount for a child reflects their long-term needs.

Frequently Asked Questions

What if my broken bone wasn't diagnosed?

We expect a certain level of care when we’ve sustained a traumatic injury like a broken bone. Sometimes this standard isn’t met when a doctor, nurse, or consultant misdiagnoses (or fails to diagnose) a broken bone. This could be by failing to refer you for an x-ray or by misreading an x-ray.

Fractures can often be misdiagnosed as sprains or soft tissue injuries. A late diagnosis can lead to:

  • A displaced fracture (where the pieces of the bone aren’t aligned properly)
  • Additional time off work
  • Avascular necrosis
  • Longer healing time
  • The need for a more complex surgical procedure that could’ve been avoided
  • Unnecessary scars.

We’ll make sure that your compensation fully reflects the impact of your injury. This could mean paying for specialist rehabilitation treatment or recovering your lost earnings.

What kind of hip replacement claims do you handle?

We’ve a dedicated team of medical product liability lawyers who specialise in hip replacement claims. We understand the impact that negligent hip replacements can have on your life, with common issues including:

  • Numbness in the leg
  • Swelling
  • Difficulty walking
  • Soft tissue and bone damage
  • Pseudotumours around the hip
  • A foot drop.

We’re currently representing clients with faulty metal-on-metal replacements, including DePuy ASR hip replacements.

If you’re unhappy with your hip replacement, please get in touch with our legal experts.

Read More FAQs

Related Information - Orthopaedic Negligence Claims

Product Liability - our team specialises in helping people who have been harmed by defective products such as hip implants
Rehabilitation - we could help you access rehabilitation services
Hospital Negligence - we could help if you’ve suffered because of hospital negligence
Great Adaptations - find out how we helped one of our clients modify his house

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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