Orthopaedic Negligence Claims – How Much Compensation?

By Jade Mooney. Last updated 8th August 2024. You may be entitled to claim compensation for medical negligence if you suffered avoidable harm during orthopaedic surgery. This may have occurred due to a breach in the duty of care owed to you. This guide explains the requirements and steps to making an orthopaedic negligence claim and how our medical negligence solicitors can help you.

Also in this guide, we’ll explain the different ways a healthcare professional may breach a patient’s duty of care and cause harm during orthopaedic surgery. We’ll also offer guidance on potential compensation payouts for injuries you may claim for due to orthopaedic medical negligence.

For more advice on claiming medical negligence compensation, you can speak to our friendly team of advisors. They’re available 24 hours a day, 7 days a week, to respond to your questions and provide free advice. To get in touch with our team, you can:

• Give us a call on 0800 073 8804
• Use our 24/7 online live chat service
• Fill in our online contact page

Select A Section

1. How Much Compensation For Orthopaedic Negligence Claims?
2. What Is Orthopaedics?
3. Different Types Of Orthopaedics Negligence Claims
4. Missed Broken Bones Or Fractures
5. Claiming For Errors During Surgery
6. How Long Do I Have To Start A Surgical Negligence Claim?
7. No Win No Fee Compensation For Orthopaedic Negligence
8. Further Links And Resources

How Much Compensation For Orthopaedic Negligence Claims?

The amount of compensation you could receive for a successful orthopaedic negligence claim could potentially depend on two different heads of claim. These are general and special damages.

General damages is the compensation you will receive for how you have suffered mentally and physically due to orthopaedic medical negligence. To value this head of claim, these factors are just some that are looked at:

• Loss of amenity.
• The pain severity of your avoidable harm.
• The expected length of recovery for your avoidable harm.

To also value this head of claim, the Judicial College Guidelines (JCG) can be looked at. There are many different kinds of injuries and illnesses in the JCG, with guideline compensation figures for each.

Guideline Compensation Table

Below, you can find some different types of injuries listed in the JCG that may suffered in orthopaedic negligence claims. Apart from the first row, all of the figures in the table are also from the JCG.

Although this table is to provide you with a rough idea of how orthopaedic compensation is calculated, none of the figures in the JCG can be guaranteed for your specific orthopaedic negligence claim. This is because your claim will be entirely unique.

Special Damages

Special damages is the compensation you could receive for how you have suffered financially due to orthopaedic medical negligence. Here are some examples of what financial losses you could potentially suffer:

• Loss of earnings.
• Medical bills.
• Counselling expenses.

It is highly important to keep all receipts, bank statements, invoices, and payslips to prove the financial suffering of your avoidable harm. This is because not all successful medical negligence claims are given special damages.

Get in touch with us today to find out more about how compensation is valued for orthopaedic claims.

What Is Orthopaedics?

Before we can get into orthopaedic medical negligence claims, we first need to explain what orthopaedic medicine is. Orthopaedics are concerned with the musculoskeletal system, that is to say, your bones, muscles and the various soft tissues (ligaments and tendons) that connect the two. 

Orthopaedic doctors provide treatment for a broad range of medical conditions, including but not limited to:

• Sprains and Strains.
• Scoliosis (curving of the spine).
• Osteoarthritis.
• Bone fractures.
• Cancers.
• Spinal injuries such as ruptured and slipped discs.

What Is Orthopaedic Negligence?

As trained medical professionals, orthopaedic doctors are required to provide their patients with care that meets the correct standard. Failure to reach this standard can result in patients experiencing avoidable harm.

We’ll provide detailed examples of how this harm can occur later in the guide. The general eligibility criteria for an orthopaedic negligence claim are as follows:

1. You were owed a duty of care by a medical professional.
2. That medical professional breached this duty by failing to provide medical care at the correct standard.
3. This failure resulted in you experiencing avoidable harm.

“Avoidable harm” refers to the harm you experience that would have occurred had you received the correct standard of care. 

If you have experienced medical negligence during orthopaedic surgery, or other treatment, contact an advisor today to check the validity of your potential claim.

Different Types Of Orthopaedics Negligence Claims

From performing a hip replacement operation to diagnosing a broken arm, there are many different personal injuries that orthopaedics covers. Because of this, there are many different types of medical claims that are launched with regard to this field of healthcare.

While the vast majority of people that are treated by orthopaedists are done so successfully, there is no denying that there are mistakes too. In fact, did you know that orthopaedic surgeons are twice as likely to be sued when compared with any other wing of the medical profession? If you have been the victim of orthopaedic surgery mistakes, you will be entitled to compensation.

Here are some examples of orthopaedic surgery negligence mistakes that have resulted in successful cases:

• Incorrect size of the prosthesis
• Nerve damage
• Equipment malfunction
• Delay in the diagnosis of developmental hip dysplasia or congenital hip dysplasia
• Postoperative infection
• No consent to surgery
• Wrong-site surgery
• Problems arising during elbow, knee or hip replacement
• Delay in diagnosis

Please note that these are just a handful of examples and you will be able to claim for any type of orthopaedic surgery malpractice.

Missed Broken Bones Or Fractures

It’s not just actively administering the wrong treatment or making mistakes during surgery that may give you grounds to make orthopaedic negligence claims. Overlooking a broken or fractured bone can hinder the recovery process, and also it can be very painful.

While the vast majority of orthopaedists do evaluate fractures properly, if your fracture has been missed or not diagnosed correctly, you can make a claim. This can cause ongoing mobility issues due to the interruption of the healing process. This means you can end up suffering worse medical issues than you should have.

If you’d like to know more about claiming for surgical errors, our next section will be of use to you.

Claiming For Errors During Surgery

You can also claim for medical orthopaedic mistakes that may have happened during surgery. Some examples include badly performed procedures, grafts that have not been applied properly, and poorly fitted prosthesis.

You can also claim for unnecessary surgery that was performed because of a doctor or surgeon’s negligence. Such issues may not be evident at first. They can often arise at a later assessment. You will still be able to make a personal injury claim regardless.

How Long Do I Have To Start A Surgical Negligence Claim?

You might be wondering, ‘can negligence claims against the NHS or a private healthcare provider be made?’. You should know that, if you have sufficient evidence, such claims have to be started within a certain time limit. This will generally be three years, either from:

• The date of the negligent operation
• The date you were first made aware of the harm caused by the operation

However, this will not apply to those under the age of 18 at the time of their operation – the time limit will only begin on their 18^th birthday. Also, if the claimant was/is mentally incapacitated, the time limit will only start when/if they regain capacity.

In either instance, the claimant could be represented by a litigation friend until they are able to represent themself. This is all according to the Limitation Act 1980.

If you would like to know if you are eligible to start a medical negligence claim, then please reach out to one of our advisers. We are experienced in surgical negligence claims and can provide answers to any questions you may have.

No Win No Fee Compensation For Orthopaedic Negligence

If your orthopaedic medical negligence claim is eligible for compensation, one of our No Win No Fee solicitors can offer to represent you with a Conditional Fee Agreement (CFA).

Here is why you would want to be represented with a CFA:

• You are not charged with any solicitor service fees before the claim starts.
• You are not charged with any solicitor service fees during the claim.
• If you’re unsuccessful with your orthopaedic negligence claim, you are not charged with any solicitor fees for the work they have provided.
• If you’re successful with your orthopaedic negligence claim, your solicitor will take a small percentage out of your compensation. This percentage is legally capped and known as the success fee.

Get in touch with Legal Expert today to discuss your case in further detail:

• You can reach our team on 0800 073 8804.
• Alternatively, you can get in touch via the live chat on your screen.
• Plus, there is the option to request a call back using our contact form.

Further Links And Resources

We hope that you have found this guide useful in your quest to seek more information about orthopaedic claims. However, if you need more information, the links below may assist.

• Clinical/Medical Negligence Guide – This link takes you to our clinical and medical negligence claim guide where you will find plenty of information regarding these sorts of claims, including how much compensation you may receive.
• The roles of different medical staff – This link takes you to the NHS career page on trauma and orthopaedic surgery. This will enable you to find out more about what an orthopaedic surgeon does.
• Report Concerns About A Doctor – In this guide from the General Medical Council you can find out how to report concerns about a medical professional.
• Find Orthopaedic Services – How to find relevant NHS services in your local area.
• GP And Doctor Medical Negligence Claims – This is our updated guide on making a compensation claim against a doctor or GP.

Thank you for reading our guide on how to make orthopaedic negligence claims.