March 15, 2021

Make A Claim For Orthopaedic Injury

The effects of a horrific muscular or bone injury can be life-changing , not just for the victim but their whole family as it cannot just be detrimental to your health but also require a change to how you live your life. We all understand accidents can happen, but orthopaedic claims are made when an avoidable injury, whether they are muscular, to the bones, or joints occur due to diagnosis or treatment errors.

Specialising in a vast area within medicine, orthopaedics covers the prevention, diagnosis, and treatment of the structure of the body. From ligaments tendons and muscles to the joints and bones. Doctors, consultants, surgeons, and all other medical staff in this department must have a clear knowledge and the expertise to make sure each patient is treated to the highest standards. Sadly, when these standards fall below the duty of care clinical negligence can happen, especially through incorrect surgery or after care. The resulting damage can be catastrophic for everyone involved.

According to NHS Resolution data from 2018-2019, 12% of all claims for negligence against the NHS in England were the result of orthopaedic failings.

If you think you have suffered due to orthopaedic negligence, contact our expert NHS negligence solicitors today for a no obligation assessment on 0800 999 3372 or click here to complete our claim form.

What is an Orthopaedic Injury?

Put simply, an orthopaedic injury covers trauma to ligaments, limbs, muscles, bones, hands, feet, joints, nerves or tendons. Negligence within the NHS arises when a medical professional or body fails to diagnose, treat a condition correctly, or causes further injury to an existing condition, this could also be the result of incorrect surgery or providing the correct aftercare. When these failings they can have long term effects on the individual. life.

Some of the most common types of orthopaedic injuries are:

  • Breaks or fractures
  • Shoulder, arm, wrist, or hand injury
  • Replacement joint surgery such as knees or hip
  • Muscular cancer
  • Amputation
  • Ruptured ligament or tendon

If these or other orthopaedic injuries are misdiagnosed or incorrectly treated, you may be entitled to orthopaedic injury compensation. Our specialist solicitors have decades of experience helping victims get the justice they deserve. Call our dedicated team now on 0800 999 3372.

Types of Orthopaedic Negligence

With the NHS being one of the best healthcare providers in the world, we are entitled to a level of care but when the care provided falls below the standards set out, mistakes and errors can occur. This could be due to failings by a hospital, trust or an individual such as a GP, surgeon or rehabilitation specialist. Accidents can happen causing injury but when these injuries are misdiagnosed or incorrectly treated, the damage caused can have life-long consequences for you or your loved ones.

Orthopaedic medical negligence in the UK can arise from many failures, below is a list of just some types of the errors that can occur as a result of negligence.

Achilles tendon rupture

The strongest and largest of all tendons in the body, the Achilles tendon is situated to the back of the lower part of your leg. Despite being extremely strong due to the day to day pressures we put on our legs, the Achilles tendon can be stretched too far causing it to rupture. When this happens it usually causes a sudden pain to the leg and often swelling to the heel, hindering the movement and the ability to put pressure or weight on the leg.

If diagnosed correctly, an Achilles tendon injury can often heel through rest and keeping weight off the leg through the use of crutches. Unfortunately, these injuries are often misdiagnosed due to incorrect tests being carried out. This can result in the patient being given the wrong advice or treatment, resulting in prolonged pain and further injury. From what could have been two weeks of rest now requires surgery to correct due to negligence within the NHS.

Spinal Surgery Error

There are many reasons spinal surgery may be required, from slipped discs, compression of spine, to removing tumours or correcting a fracture. An orthopaedic surgeon specialises in the bones of the spinal column.

Due to how serious a spinal injury can be, the medical team should make sure all procedures from initial scans, gaining consent, undergoing the surgery and rehabilitation are carried out correctly. When this is not followed, patients can be left with life altering conditions such as Cauda Equina Syndrome or become completely paralysed..

When these errors happen, the thought of suing the NHS for negligence can be a daunting task. Our expert lawyers have a proven track record in helping to get clients the compensation they deserve, not just for the injury but for any future care or expenses they may require.

Foot/Ankle Surgical Error

The foot and ankle consist of many bones, tissue, tendons, muscles and ligaments. Injuries to the foot or ankle can often require surgery to correct due to the daily strain placed on the foot. This could be the need for pins to be inserted or bones to be fused or realigned. Thankfully most surgeries are carried out without incident but when things go wrong a patient can be left with deformity, lack of use of the foot, prolonged pain and even the need for amputation. This can result in the need for unnecessary, additional corrective surgery, delay rehabilitation or leave patients with a disability. Other

As well as surgical errors such as during hip or knee replacements, other forms of orthopaedic medical negligence can be the result of trapped or damaged nerves, blood clots, infections, damage to blood vessels, the incorrect fitting of a prosthesis or implants to name just a few.

When making a claim for negligence, knowing how to sue the NHS is extremely important. Our solicitors specialise in helping victims of negligence and will help you through every step of your claim.

Call our dedicated team today on 0800 999 3372 or fill in our claim form for a no win no fee medical negligence assessment.

No Win No Fee Medical Negligence Solicitors

Can I Claim?

When seeking help from a medical professional, we trust that we will receive the correct care and treatment. When things go wrong and that trust is broken you are entitled to make a claim for compensation from the NHS. All healthcare providers have a duty of care to their patients. When the duty of care is not met, our dedicated team can help you achieve the justice you or your loved ones deserve. Sadly, not all injuries are able to heal over time. At nhsnegligenceclaim.com we will not just fight for compensation for the actual negligence, but for any future care and expenses to ensure you have quality of life.

Is There a Time Limit to Claim?

When suing the NHS for clinical/medical negligence, there is a time limit for making a claim. In most cases there is a limitation period of three years from the date of the incident to bring a claim forward.

However, In some circumstances, the patient may not be aware of any negligence until a later diagnosis is given. For example a misdiagnosed broken bone causing a condition to deteriorate and cause further injury. In these incidents, NHS negligence claims can be made by the date of knowledge of the negligence. Also, if negligence has happened to a minor they have from their 18th birthday up until their 21st birthday to make a claim.

Making a No Win No Fee Orthopaedic Claim Explained

Also look for the Conditional Fee Agreement (CFA). At nhsnegligenceclaim.com our solicitors work on a No Win No Fee basis. This means in the rare occasions your claim is not successful, you will not be left with any legal fees or costs to pay.

This also means without any upfront costs all victims of medical negligence receive the same high level of representation no matter what your circumstances are.

What Can I Claim For?

Each claim for compensation can vary on the amount you receive due to the complexity of injuries and further treatment. Our specialist lawyers will talk with you and collect all relevant evidence to achieve the justice you deserve. There are two aspects to the compensation claim:

General Damages

This is a calculation of compensation you will receive based on the injury you have suffered and the impact it has. The bigger and more serious an injury, the larger amount of compensation you will receive.

Special Damages

As well as the general damages, when making a claim for orthopaedic negligence, your solicitor will also look at any other out of pocket expenses you have had or are likely to have in the future.

This takes into account travel expenses, the cost of care, loss of earning, adaptation of property and future treatment costs to name a few.

Due to these complex issues it is important you use a solicitor who specialises in medical/clinical negligence to make sure you get the best representation you deserve.

If you think you have suffered an orthopaedic injury at the hands of a medical professional, speak to a member of our dedicated team today by calling 0800 999 3372

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