Errors in treating orthopaedic injuries or mistreated joint replacements can have serious health consequences and majorly impact the living standards of those affected. Our experts in orthopaedic negligence claims can help you to secure fair compensation for the impact on your life and those of your loved ones.
At Ashtons Legal, we understand that the thought of making an orthopaedic injury compensation claim can be daunting. To make the process as easy as possible on you, we offer a free first consultation to assess your claim with everything explained in plain English. You can then decide how you want to proceed with no pressure from us.
At every stage of your claim, we will be on hand to support you, keeping you regularly updated and promptly answering your questions. We will work tirelessly to secure the maximum available compensation to meet your needs.
Our orthopaedic injury claim service includes:
- A free initial consultation on your claim
- No win no fee orthopaedic claim funding
- A negotiation-led approach that means most claims are settled out of court
- Independently accredited expertise you can trust
- A very strong track record of successful claims
- A sensitive, personal service to support you during this difficult time
- A free rehabilitation service to aid your or your loved one’s recovery
Have a question? Please take a look at our Frequently Asked Questions About Orthopaedic Negligence Claims or get in touch and we will be happy to guide you.
Contact Us About Orthopaedic Negligence Claims
To learn more about orthopaedic claims, please contact our experts. You will be offered a free initial consultation to sensitively discuss the particulars of your case and plan the potential next steps.
You can get in touch by calling 0330 404 0749, emailing enquiries@ashtonslegal.co.uk or filling in the enquiry form on the right-hand side of our contact page.
Our Expertise with Orthopaedic Claims
Ashtons Legal strives to secure the premium outcome for every client. This means working to achieve the best available compensation, as well as streamlining the claims process with personal, compassionate support.
Our medical negligence solicitors have the expertise to win even the most challenging cases relating to orthopaedic injuries with an excellent track record of success for previous clients.
Ashtons Legal is an industry-leading law firm. We are recognised by top client guides the Legal 500 and Chambers and Partners and also hold many specialist accreditations, including Lexcel, AvMa, Brain Injury Group, APIL and many more.
The Association of Personal Injury Lawyers (APIL) recognises Senior members of our team as either Senior Fellows or Senior Litigators, and they are on the Law Society Clinical Negligence Panel. Sharon Allison, our Head of Medical Negligence, also belongs to the Action Against Medical Accidents (AvMA) Clinical Negligence Panel.
Orthopaedic Injury Claim Case Studies
Examples of settlements of claims involving orthopaedic injuries that our team have achieved recently include:
- Obtaining £420,000 for a Claimant who experienced a delay in diagnosis of a hip fracture and consequently required a right total hip replacement and further revision surgeries.
- Obtaining £105,000 for a Claimant who, following an accident, suffered a delayed diagnosis of septic arthritis in her knee.
- Obtaining £13,500 for a Claimant who experienced a six-month delay in diagnosis of a scaphoid (wrist) fracture, after their X-ray was interpreted incorrectly. The delay in diagnosis meant that the fracture did not heal properly, and surgical repair was required.
- Obtaining £17,500 for a Claimant who received incorrect components as part of his right hip replacement. The Claimant had to undergo a revision surgery two months later to replace the incorrect components.
- Obtaining a five-figure settlement for a Claimant who had to undergo a total right hip replacement after there was a delay in diagnosing the failure of her hip screw and plate that had been inserted following a fall.
What Types of Orthopaedic Injuries Can You Claim Compensation For?
Our team can assist with a wide range of claims involving orthopaedic injuries, including:
- Undiagnosed and misdiagnosed bone fractures
- Hip surgery negligence
- Knee replacement surgery negligence
- Surgical aftercare negligence
- Nerve damage from orthopaedic surgery
- Negligent ligament replacement surgery
How To Make an Orthopaedic Injury Compensation Claim
Our team will happily discuss your considerations for making a compensation claim for orthopaedic negligence in an initial consultation. This involves taking some basic information about your circumstances and advising you on whether you have grounds for a claim. We can then advise you on how the rest of the claims process works, including options for funding your claim.
Our orthopaedic negligence claims service includes:
- Assessing your claim
- No win no fee funding
- Building your case, including access to experienced medical experts to support your claim
- Drafting and submitting a Letter of Claim to the defendant
- Mediation processes to reach a settlement
- Representing you in Court if necessary
- Access to our free rehabilitation service for ongoing health support
To make an orthopaedic injury claim, please get in touch with our solicitors at Ashtons Legal.
Frequently Asked Questions About Orthopaedic Negligence Claims
Who can claim compensation for an orthopaedic injury?
In order to claim compensation for orthopaedic injuries, you must be able to show that these injuries were the result of negligent medical care, such as negligence on the part of medical professionals resulting in delays in diagnosis or treatment, negligent errors during treatment, or negligent aftercare following treatment.
A key test of whether medical care might be considered negligent is whether competent medical practitioners dealing with the same circumstances would have made the same errors.
Depending on the situation, people who are entitled to make a claim could include someone injured due to orthopaedic negligence, their parents or guardians (if the patient is under the age of 18), or the patient’s next of kin (if they lack the capacity to make a claim themselves).
How do you prove orthopaedic negligence?
Proving negligent orthopaedic care can be challenging, so we will meticulously collect evidence to build your case.
Key facts that will need to be established include:
- Whether the patient was owed a duty of care by clinical staff
- Whether this duty of care was breached as a result of negligent errors by clinical staff
- Whether these breaches of duty caused the patient to sustain injuries or experience a worse outcome than otherwise would have been expected
Various types of evidence will be needed to support a claim, such as medical records, witness statements, and testimony from independent medical experts. Our team has strong expertise in gathering this evidence and can help ensure your case is as robust as possible.
How much can you get for an orthopaedic claim?
The precise level of compensation you can receive for orthopaedic negligence will be based on the level of injuries caused and the impact on the claimant’s life. This is determined through a process called ‘assessing quantum of damages’ or ‘assessing quantum’.
The compensation available will be based on any specific financial costs the claimant has incurred or is expected to incur due to their injuries (special damages) as well as any non-financial ways they have been affected (general damages).
Special damages might cover lost income, the cost of private treatment, reduced earning potential, and ongoing care costs.
General damages might include the claimant’s pain and suffering, as well as ‘loss of amenity’ i.e. where the claimant can no longer do things they previously could, such as taking part in hobbies.
What is the time limit for claims involving orthopaedic injuries?
A claim for orthopaedic negligence will normally need to be brought within three years of the date of injury. In certain circumstances, this time limit is counted from the ‘date of knowledge’, which is the date on which the claimant or their representative knew that an injury had occurred and that negligence may have been a factor.
In some cases, there may be a longer time limit to bring a claim. For example, if the claimant is under 18, then the three-year limit only applies from their 18th birthday. This means they (or their parents/guardians) have until the claimant turns 21 to make a claim.
Should a claim need to be brought on behalf of someone who does not have the mental capacity to make a claim themselves, there is no time limit to do so.
How does no win, no fee funding for orthopaedic surgery claims work?
As standard, we use no win, no fee funding for all of our orthopaedic claims. This means that our service is accessible to everyone, regardless of their financial circumstances.
Also known as a ‘conditional fee agreement’, this type of funding means that you do not need to pay anything out of your own pocket to make a claim. A third-party funding provider will agree to cover the cost of your claim with our fees only being applied if your claim succeeds. As the term ‘no win, no fee’ suggests, if we do not win compensation for you, you will not have to pay our fees.
If your claim is successful, then our fees will apply. However, most of our fees will be paid by the defendant. You will usually be required to contribute to the costs of your claim out of your compensation. However, your contribution will subject to a cap which we will agree with you at the outset of your claim.
How long does an orthopaedic claim take?
Exactly how long an orthopaedic injury claim takes can be hard to predict, although it will generally be significantly faster if we can negotiate a settlement rather than relying on court proceedings.
We will advise you on potential time frames during your initial consultation so you have a realistic indication of what to expect.
Contact Us About Orthopaedic Negligence Claims
To learn more about orthopaedic claims, please contact our experts. You will be offered a free initial consultation to sensitively discuss the particulars of your case and plan the potential next steps.
You can get in touch by calling 0330 404 0749, emailing enquiries@ashtonslegal.co.uk or filling in the enquiry form on the right-hand side of our contact page.