An orthopaedic procedure is a medical term for surgery involving bones and commonly related to joints, ligaments and tendons.

An orthopaedic surgeon will specialise in a wide range of injuries, from joint replacements to fractures. 

It's important to note that the majority of these surgeries are performed with no complications, however, there are occasions where things don't go to plan.

Unfortunately, this can lead to major, life-changing consequences to the patient

Here at Medical Negligence Solutions, we are experienced in dealing with all types of orthopaedic injury claims. 

What is considered negligent orthopaedic treatment?

Some common examples of orthopaedic negligence in this area are delays in diagnosis of a fracture, poor surgical technique in an operation, or unnecessarily prolonged recovery time. 

These can lead to further surgery being required or to an incomplete recovery.

Orthopaedic negligence examples include:

  • Delay in the diagnosis of fractures and damaged tendons

  • Missed fractures

  • Delay in performing surgery following a diagnosis

  • Bone infections

  • Broken wrist compensation

  • Elbow fracture compensation

  • Incorrect placement of, or wrong sized pins or screws

  • Failure to reduce fractures correctly

  • Wrong limb amputations

Time limits in making an orthopaedic claim

There are time restrictions in place for when patients can bring an orthopaedic claim to court.

Patients have three years from the date of the incident to bring their claim to court, however, there are some situations where this date may be extended.

These exceptions include:

Children:

In cases where the Claimant is under the age of 18, they cannot bring a claim themselves (unless they have used a 'Litigation Friend' to bring a claim on their behalf). As long as the claim has not been made previously, the child/teenager has three years from their 18th birthday to make a claim to the court.

Date of knowledge:

The patient may not have been sufficiently aware of the negligence immediately if the injury was not significant, the injury was not attributed to the act/omission of alleged negligence nuisance/breach of duty, and/or the identity of the defendant was not known.

Mental capacity:

If the injured person lacks the mental capacity to understand/bring a claim, the three-year limit will not commence until they are seen to have regained this capacity. This claim can be brought to the court on behalf of their 'Litigation Friend.'

Expert solicitors in orthopaedic claims

The vast majority of our cases are dealt on a no win no fee basis, meaning that if your claim is unsuccessful, you do not have to pay legal fees. 

If you are unsure as to whether you can claim orthopaedic compensation, the best thing you can do is speak to us and establish your chances of success. 

Call us for a free, no-obligation initial consultation and we will clarify any queries you may have.

Frequently asked questions

Will I need to go to court?

In 97% of cases, medical negligence claims are settled before going to trial. However, in the unlikely event that you are required to go to court, we will be there to support you every step of the way.

Yes, there is. In general, the time limit is 3 years from the date of the negligent treatment. If you were initially unaware that there was negligence at play, the 3 year time limit will apply from the date you first became aware that you suffered a significant injury and that injury was due to the defendant’s negligence. In practice, this means a claim form must be issued at Court to commence proceedings within 3 years of the negligent act or knowledge of the negligence.