Experienced Solicitors for Orthopaedic Error Claims in Manchester & Oldham
If you have suffered problems after orthopaedic surgery, a missed fracture, or delays in treatment, it can be difficult to know whether what happened amounts to negligence.
Our specialist clinical negligence team has wide experience in orthopaedic error claims involving NHS and private hospitals, fracture clinics and Accident & Emergency (A&E) departments. We work with independent medical experts to investigate what went wrong and whether your care fell below the standard expected of a reasonably competent practitioner.
For a free, confidential and no obligation consultation, call us on 0161 665 3502, email [email protected] or complete our contact form.
What Are Orthopaedic Negligence Claims?
Orthopaedic negligence claims arise when a healthcare professional such as an orthopaedic surgeon, A&E consultant, GP, physiotherapist or radiologist provides substandard care that directly causes you injury or makes an existing problem worse.
Be aware that not every poor outcome is due to negligence. Some complications can occur even with appropriate care. However, you may be able to bring a claim if:
- Important signs and symptoms were missed or dismissed
- X-rays or scans were misinterpreted and a fracture or other injury was not diagnosed
- Surgery was performed to an unacceptable standard
- You were not properly advised of the risks and alternatives before an operation
- Post-operative problems such as infection or nerve damage were not recognised or treated promptly
If you are unsure whether your experience could amount to orthopaedic surgery negligence, it is still worth seeking legal advice.
Common Types of Orthopaedic Error Claims
Our team has acted in a wide range of orthopaedic negligence claims, including:
Missed and Delayed Fracture Diagnosis
Fractures are sometimes missed because:
- Examinations in A&E or urgent care are rushed or incomplete
- X-rays or scans are not requested when they should be
- Imaging is carried out but is interpreted incorrectly
- Patients are discharged without appropriate follow-up
A delayed fracture diagnosis can lead to prolonged pain, problems bearing weight, the need for more complex surgery, or an increased risk of long-term arthritis.
Problems Following Joint Replacement Surgery
Hip, knee, shoulder and elbow replacements can transform mobility when done well.
Negligence may arise where there is:
- Incorrect positioning or sizing of the prosthesis
- Failure to recognise and treat post-operative infection
- Unnecessary repeat operations because of avoidable errors in the first procedure
- Failure to obtain informed consent, including advice about realistic outcomes and alternatives
Amputation Following Orthopaedic Negligence
In the most serious cases, surgical errors or failures to manage infection can result in amputation. These claims involve life-changing injuries and require careful investigation by specialists in both orthopaedic surgery and infection control.
We are highly experienced in amputation claims arising from orthopaedic negligence, including cases where repeated surgical failures and untreated infections have led to limb loss.
Spinal and Nerve Injuries
Orthopaedic procedures on the spine and other areas carry a risk of nerve damage.
Claims often involve:
- Misplaced screws, probes or other instruments
- Inappropriate techniques used during spinal surgery
- Failure to recognise worsening neurological symptoms after an operation
- Delays in investigating and treating cauda equina syndrome or other serious conditions
Case Study: £3,500 Settlement for Delayed Fracture Diagnosis
Mrs K injured her foot in March 2022 and attended hospital, where initial imaging was carried out. The images were misinterpreted and she was discharged without appropriate treatment. Despite ongoing pain and difficulty bearing weight, it was not until late April 2022 that she was referred to the orthopaedic team and a formal diagnosis of a fractured ankle was made.
Garratts submitted a detailed Letter of Claim. The Trust admitted liability and causation, although they disputed any long-term impact. Through proactive negotiation, we secured a settlement of £3,500 without the need for court proceedings.
Case Study: £1.35 Million Settlement for Amputation Following Knee Replacement Surgery
Mr S underwent knee replacement surgery in early 2009. The procedure was not successful and he developed an infection which was not properly managed. Revision surgery followed in 2010, along with a third implant later that year. Despite multiple operations, the infections continued.
In early 2011, Mr S was advised by an independent surgeon that his right leg would need to be amputated above the knee as a result of the negligent surgery and the failures in diagnosing and treating the infections that followed.
The amputation was carried out in May 2011. Further complications meant he required additional surgery later that year to remove more of the stump.
Independent medical evidence confirmed that even the original knee replacement had been unnecessary, and that Mr S had suffered a series of negligent and inadequate treatments from the outset.
The case settled for £1.35 million.
How Do I Know If I Have a Valid Orthopaedic Negligence Claim?
For any clinical negligence claim, two key elements must be proven:
- Breach of duty (negligence)
The care you received fell below the standard expected of a reasonably competent healthcare professional in that field.
- Causation
In this case, substandard care directly caused your injury or made it significantly worse, and the outcome would probably have been better with proper treatment.
Establishing these points requires independent medical evidence. We obtain expert opinions from orthopaedic surgeons, radiologists and other specialists to assess your care and provide detailed reports.
What Compensation Can I Receive for Orthopaedic Surgery Negligence?
Compensation in orthopaedic surgery negligence and related claims is intended to put you, as far as money can, back in the position you would have been in had the negligence not occurred. It is usually made up of:
- General damages
For pain, suffering and loss of amenity. This reflects the severity of your injury, the impact on your mobility, hobbies and day-to-day life, and whether your symptoms are likely to be permanent.
- Special damages
For financial losses and expenses, which might include:
- Loss of earnings, including future loss if you cannot return to your previous work
- The cost of medical treatment, physiotherapy and rehabilitation
- Travel costs to hospital and clinic appointments
- Care and assistance provided by family, friends, or paid carers
- Adaptations to your home or the requirement for specialist equipment
Frequently Asked Questions
What is the first step to making an orthopaedic negligence claim?
The first step is simply to contact our specialist team for a free, confidential discussion. We will listen to what happened, ask some initial questions about your treatment and current symptoms, and advise whether it is worth investigating further.
Is there a time limit for orthopaedic negligence claims?
Yes. In most cases, court proceedings must be started within three years of the date of the negligent treatment or the date of knowledge.
