Hospital Negligence Claims

Orthopaedic Negligence Claims

Orthopaedic procedures (the medical term given to operations involving bones) commonly involve fractures and joint replacements. While the majority of operations are successful, orthopaedic medical negligence can have a long-term and debilitating impact on your life.

Whether you’ve suffered a faulty hip replacement or due to a broken bone that wasn’t spotted by hospital staff, our medical negligence solicitors could help you claim compensation on a No Win No Fee basis*. We’ve represented clients who have had:

  • Undiagnosed fractures
  • Negligent hip operations
  • Unnecessary surgery on a broken bone

We believe that you have every right to expect a certain standard of orthopaedic treatment. When this standard isn’t met, those responsible should be held to account.

Our client liaison team will look at your long and short term needs and make sure your compensation gives you access to the best care and support. Rehabilitation plays an important role in orthopaedic negligence claims – we’ll be there for you on your road to recovery.

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Orthopaedic Negligence Claims - More Information
    • What Will Happen When I Make A Claim?
    • After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

      We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame for your injuries. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

      Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

      We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

      Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

    • How Long Do I Have To Make A Claim?
    • In most medical negligence cases, you have three years to make a compensation claim, starting from the date your injury happened (or the date you first became aware that your injury was a result of negligence). For children, this three year period begins on their 18th birthday, so you have until they’re 21 to make a claim.

      If you have questions or concerns about the time limits, please call us for free initial advice on 0800 121 6567.

    • Can I Make A Claim On A No Win No Fee Basis?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.

    • What Can My Compensation Pay For?
    • Your compensation will be based on a number of factors and can help toward the costs of:

      • 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

      With children, we know that the true extent of their injury might not become clear until they’ve finished growing – we’ll make sure that the compensation reflects this and covers their long term needs.

      Our solicitors understand that every claim is different, which is why we’ll take great care to ensure that your compensation suits your needs and situation.

    • Meet Our Experts
    • Our clinical negligence solicitors have many years of experience in orthopaedic negligence claims, and are rated as among the very best in the country by independent legal guides like Chambers & Partners and the Legal 500.

They were always there to answer my questions and queries when I was at my most vulnerable and they persevered to obtain the best possible result."

Lisa, client

Frequently Asked Questions

What If My Broken Bone Wasn't Diagnosed?

We expect a certain level of care when we’ve suffered 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, perhaps 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, whether this means paying for specialist rehabilitation treatment or recovering your lost earnings.

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What Constitutes Negligent Orthopaedic Treatment?

Most orthopaedic procedures are successful, but when they go wrong they can have serious consequences for a patient’s mobility, independence and quality of life. Our medical negligence solicitors have first-hand experience of the 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
  • Unnecessary surgery for a broken bone that could have been treated with a plaster cast

If you’ve suffered because of orthopaedic negligence, you can rest assured that our lawyers have the tenacity to make sure you receive the compensation and rehabilitation you deserve.

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What Kind Of Hip Replacement Claims Do You Handle?

We have 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:

Our lawyers are also helping people who have had “mix and match” hip replacements, which use components that aren’t designed to be together.

If you’re unhappy with your hip replacement, please get in touch with our legal experts on 0800 121 6567 or contact us online.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

"One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."
We're delighted to have been named Claimant Solicitor of the Year in the 2016 Post Magazine Rehabilitation First Awards, an award we've won on seven previous occasions.

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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We campaign for patient safety and justice.

As well as securing compensation and rehabilitation for our clients, we also campaign for changes to patient safety by supporting Action against Medical Accidents (AvMA).

This UK charity provides advice and support to people who have suffered because of lapses in patient safety, working in partnership with health professionals, the government and the NHS to ensure that safety guidelines are followed.

Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

Start Your Claim Today

To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

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