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Orthopaedic Injury Claims

If you’ve suffered an injury due to orthopaedic negligence, you could make a claim

Any type of injury can have a drastic effect on your lifestyle, stopping you from being able to take part in hobbies, as well as holding back your social life. And on top of this, an injury may even mean you’re unable to go to work and earn a living which can put you and your family under financial pressure.

If your injury happened because of someone else’s negligence, then we know that this can feel especially unfair – and it can be particularly hard to come to terms with if it was caused by medical negligence. Everyone has a right to feel safe, and the last thing you expect is to be coming out of surgery or treatment worse off than before.

Compensation can’t take away what you’ve been through, but it can help you get the money you need to help with your recovery, as well as an apology to acknowledge the pain and suffering you’ve experienced.

To find out more about making a claim, you can speak to a legally trained adviser for free on 0800 234 6438, or request a call back by filling in one of the secure contact forms on this page.

Read more about making a medical negligence claim

What is an orthopaedic injury?

An orthopaedic injury is one which affects your musculoskeletal system – including the joints, ligaments, muscles, tendons, bones or nerves. As this list might indicate, these types of injuries can be serious, painful, and can have lengthy recovery times. They can be very wide-ranging, but some common examples include:

Orthopaedic injuries can be caused by a lot of different types of accidents, from car or motorbike accidents through slips, trips, falls and accidents at work – and the risk is much higher if those around you aren’t acting responsibly to try to keep you and others safe. For example, something as simple as a wet floor in a supermarket can cause a painful long-lasting injury which can mean you’re off your feet for months.

Orthopaedic injuries are also sometimes caused by medical negligence. All medical staff have a duty of care to provide you with a high standard of treatment, and if they’ve acted negligently then the consequences on you as a patient can be very serious.

Some types of surgery can be more likely to lead to orthopaedic injuries than others, such as:

What’s the process for making an orthopaedic injury claim?

Depending on the cause of your injury, your specialist personal injury solicitor will usually carry out your claim using one of the pre-action protocols. These protocols set the standards and procedures that parties involved in a claim follow before formal court proceedings are issued.

The pre-action protocols aim to encourage parties to settle the claim without needing to go to court, and to make sure all the paperwork is in order and deadlines followed if the case cannot be settled out of court.

Your solicitor will be able to do most of the work on your behalf – so although the thought of making a medical negligence claim can seem daunting, it’s often a lot more straightforward that you might think.

The first step in making a personal injury claim is to discuss your accident in a bit more detail with a trained legal adviser on 0800 234 6438. They’ll be able to give you advice and can let you know whether they think you have a claim, before passing you on to a solicitor to get the ball rolling.

Who’s my claim made against?

Who you bring your claim against will depend on who was responsible for your injury. If it was an accident at work, the claim would be against your employer; if your injury was caused by a road traffic accident, it would be against the other driver; if the injury was the result of a botched surgical procedure by an NHS worker, it would be brought against NHS Resolution which manages negligence and other claims against the NHS in England. Your solicitor will be able to help find out who was responsible for your injury.

If you were injured due to a private medical practitioner, your claim will be brought against the individual responsible or against the management team of the hospital or clinic they operated from.

Will my employer go out of business if I claim for my orthopaedic injury?

No, as all employers are required by law to have employers’ liability insurance which will cover the cost of your compensation claim so they won’t be out of pocket.

All employers have a duty of care under the Management of Health and Safety at Work Regulations 1999 to take steps to minimise the risk of their workers being injured. If they breach this duty, you are perfectly entitled to make a claim for compensation.

Find out more about making a work accident claim

What can I claim for?

The amount of compensation you receive will depend on how serious your injuries are, how long it takes you to recover and how the injury has affected your life. When putting together your claim, your solicitor will take into consideration the full impact of the accident so that you’re covered for out of pocket expenses as well as your physical pain and suffering.

Some of the cost costs they’ll take into consideration include:

To get an estimate of the amount you might be able to claim, you can try this compensation calculator.

Last updated on: 2nd July 2020

When you submit your details, you'll be in safe hands. Our partners are National Accident Helpline (a brand of National Accident Law, a firm of personal injury solicitors regulated by the Solicitors Regulation Authority). They are the UK's leading personal injury service. Their friendly legal services advisers will call you to talk about your claim and give you free, no-obligation advice. National Accident Law may pay us a marketing fee for our services.

By submitting your personal data, you agree for your details to be sent to National Accident Law so they can contact you to discuss your claim.

If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.