Orthopedic Medical Negligence Claims

Orthopedic Medical Negligence Claims

Read our advice about Orthopaedic Medical Negligence Claims

Our friendly team of specialist lawyers at Medical Solicitors have succeeded in many orthopaedic medical negligence claims and orthopaedic surgery claims.

Compensation can be claimed where there has been inappropriate advice given. This may have been about your treatment options and the risks and benefits of the various options. In addition, where excessive delays have occurred in providing you with treatment, such as intravenous antibiotics. There are many examples below of substandard care in orthopaedics that amounts to actual Medical Negligence.

Do contact our friendly team of specialist lawyers at Medical Solicitors. We conduct most of our Clinical and Medical Negligence claims under ‘No Win, No Fee’ agreements, also known as Conditional Fee Agreements. So, you do not have to worry about how you are going to afford to bring a compensation claim for poor orthopaedic care or negligent orthopaedic surgery. You have nothing to lose in speaking to us.

Patients may decide to bring orthopaedic claims for compensation for various reasons. Happily, most patients will not encounter problems after orthopaedic surgery. However, orthopaedic surgery claims are not uncommon and form a sizeable proportion of the cases that we regularly investigate (particularly in the field of joint replacement).

Risks of Orthopaedic Surgery

As with any surgery, there are risks, including reaction to anaesthesia, bleeding, infection, blood clots, nerve damage, lack of full range of motion, development of arthritis, scar formation, or re-injury of the joint or soft tissue. If some of these risks materialise, then this may just be one of those things and not negligent.

Mistakes that can happen with orthopaedic Surgery

However, there are factors that may entitle a patient to compensation in orthopaedic claims, such as:

  • substandard quality of surgery, for example, failing to check that a prosthesis is placed correctly;
  • undue delay in diagnosis or treatment;
  • substandard peri-operative care, for example, insertion of the wrong size implant;
  • substandard placement of an implant;
  • too much force being applied, leading to a fracture, or vulnerability to post-operative complications;
  • too much bone, or other tissue being taken away;
  • failure to prescribe or to give prescribed antibiotics during surgery;
  • Joint replacement being carried out with standard joints for patients with complex joint issues;
  • Failure to deal with joint instability of surrounding structures as well as joint replacement;
  • the operation was not indicated, or the timing of the surgery was premature;
  • adequate consent not obtained or patient not warned of specific risks;
  • failure to treat infection issues quickly and effectively;
  • and, finally, that defective products/prostheses had been used.

By way of example, there can be pressure to get into the operating theatre to deal with an acute injury, such as a traumatic fracture. However, it can be better to wait to operate, until soft tissues have settled down, to get a better result. In addition, it can be better to wait for a Consultant to be available to perform the operation, rather than a more junior surgeon.

Claims for failed hip surgery

We are presently pursuing a claim on behalf of a lady who has ended up in a wheelchair after hip replacement surgery. This is because surgeons failed to take out her hip replacement early enough when issues with infection arose. During the period of delay, she lost bone and soft tissue permanently. This now means that she cannot have a new hip joint put in and she will be permanently in a wheelchair.

Claims for tendonitis after hip surgery

We are also presently investigating cases of tendonitis suffered after hip replacement surgery (iliopsoas irritation). This can happen because the prosthesis is not placed deep enough into the socket and therefore is left to irritate the nearby tendon. It is a simple matter during surgery to check whether a prosthesis is sitting nicely in the socket. The surgeon simply has to run his finger around the area to check. If it’s not quite in the right position, it can then be easily removed and repositioned. This can avoid this unfortunate complication of orthopaedic surgery. There has recently been a successful claim that went all the way to a trial in Manchester on this issue and the Claimant succeeded.

For more detailed information on hip surgery claims, see our separate webpage here.

Claims for failed knee surgery

Please click to go to our detailed separate page on knee surgery claims.

Here are some examples of past successful orthopaedic medical negligence and orthopaedic surgery claims:

G v Dudley Group of Hospitals NHS Trust- R Batta, £1,250,000 for a 47-year-old man who had an acute back spasm and was incontinent of urine. An ambulance crew said the hospital would just put him in traction, and he may as well stay at home and rest. A GP agreed later in the day. Two days later he was admitted to hospital. However, emergency surgery to his spine was too late to prevent paralysis from the waist down.

£560,000 for a lady, in Sheffield, whose hip dislocation was not diagnosed until 2 ½ years old in the 1960s. The claim was completed by our Director and was made late in adulthood.

£175,000 to our client, a lady from Essex, who was advised to have the wrong type of bunion surgery. The operation was not successful, she had to have repeat surgery and was left with permanent mobility problems.

£75,000 to a gentleman client from Rotherham, who was left with a bowed thigh after inadequate treatment of a fracture. He did not realise this was negligent until 18 years later when he was advised he needed very painful leg lengthening surgery.

£30,000 for a gentleman client, from Chesterfield, who suffered a delay in diagnosis of a Colles fracture of his wrist.

£25,000 to the family of an elderly gentleman, from Gloucester, who suffered a ligamentous fracture of his neck that was not diagnosed for four weeks leading to his eventual paralysis and death two months after his initial injury.

£25,000 for a lady who was lost to the medical recall system and endured two additional years of pain and debility (with recurrent dislocation) waiting for a surgical repair of her shoulder rotator cuff.

£20,000 for an elderly gentleman, from Barnsley, who suffered a rotator cuff tear while in the hospital recovering from bilateral knee replacement. The claim was on two grounds. Firstly that a nurse had caused the injury by pulling on his arm and secondly that there had been a two-year delay in proper diagnosis and surgical repair.

£1,500 to a lady whose dislocated knee cap was not correctly diagnosed for two weeks.

Follow our links below to quickly access our information pages about how we can help with a complaint about care, Inquests, funding an orthopaedic medical negligence claim, and more:

Contact our Orthopaedic Medical & Clinical Negligence Claims Lawyers

We provide urgent legal advice and support for patients anywhere in England & Wales. We have doctors and barristers located all over the UK, who provide us with meeting facilities, in London, Birmingham, Sheffield, Yorkshire, Oxford, Manchester, Leeds, Hull, Liverpool, Newcastle and beyond. Our team will travel to see clients. We think it best to see our clients in the comfort of their own home over a cup of tea. You are not a number to us. Call or email our friendly team free of charge for specialist legal advice on a no win no fee basis today.

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