If you’ve suffered an injury due to orthopaedic negligence, you could make a claim
Any 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 cannot go to work and earn a living, putting you and your family under financial pressure.
If your injury happened because of someone else’s negligence, then we know that this can feel incredibly unfair – and it can be especially tough 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 come out of orthopaedic surgery or treatment worse off than you went in.
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 and an apology to acknowledge the pain and suffering you’ve experienced.
To find out more about making an orthopaedic negligence claim, you can speak to a legally trained adviser for free at 0800 234 6438 or request a call back by filling in one of the secure contact forms on this page.
An orthopaedic injury affects your musculoskeletal system – including the joints, ligaments, muscles, tendons, bones or nerves. As this list might indicate, these types of injuries can be severe, painful, and have long recovery times. They can be broad, but some common examples include the following:
Orthopaedic injuries can be caused by many different types of accidents, from car or motorbike accidents to 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, the consequences on you as a patient can be very serious.
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 encourage parties to settle the claim without needing to go to court and ensure all the paperwork is in order and deadlines are followed if the case cannot be settled out of court.
Your specialist medical negligence team 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 than you might think.
The first step in making a personal injury claim is to discuss your accident in more detail with a trained legal adviser on 0800 234 6438. During a free initial consultation, medical negligence experts will be able to give you advice and let you know whether they think you have a claim before passing you on to a solicitor.
A no win no fee solicitor specialising in medical negligence claims will be able to work with you to get you the compensation you deserve. Many people claim on a no win no fee basis because it comes with no financial risk.
You don’t need to worry about what happens if you lose the case because the lawyer only receives payment if they win your compensation claim.
Evidence is central to successful compensation claims because the lawyer needs to prove that your employer or medical team was negligent. Evidence is essential, whether it’s a missed diagnosis or orthopaedic surgery negligence.
Your lawyer will gather evidence on your behalf, but it also helps to remember the names of your medical team and anything else that might boost your case.
It’s also good to have a medical assessment, and the orthopaedic medical negligence team will also probably ask you to attend an evaluation.
When you make an orthopaedic claim based on a conditional fee agreement, you don’t pay anything unless your lawyer wins the case. This is beneficial for you because your lawyer will put everything into ensuring you get compensation.
The claim often settles out of court, but some medical negligence cases go to court. Your lawyer will represent you throughout the process and go out of their way to secure compensation.
Once you settle your claim, your lawyer will take their fee out of the compensation, and you can move on with your life. Whether you use the money for private treatments or need to adapt to your property, the cash is yours to do what you want.
Who you bring your claim against will depend on who was responsible for your injury. If it were an accident at work, the claim would be against your employer; if your injury occurred due to a road traffic accident, it would be against the other driver. If the injury results from 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. If you were injured due to a private medical practitioner, your claim would be against the individual responsible or against the management team of the hospital or clinic they operated from.
Your solicitor will be able to help find out who was responsible for your 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 claim compensation.
The compensation you receive will depend on how severe 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 consider the accident’s full impact 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 the following:
There’s no set compensation because it depends on the extent of your injuries and what the medical team could have done differently. For example, a surgical error that results in long-term mobility issues or treatment will result in more compensation than a broken bone.
If you have a life-changing injury, you’ll receive more money than an injured person who makes a full recovery.
To get an estimate of the amount you can claim, try this compensation calculator.
There are no time limits with orthopaedic negligence claims because it depends on how receptive the negligent party is.
Many orthopaedic claims go through the NHS – especially when there’s negligent behaviour from orthopaedic surgeons, so as long as your lawyer gathers evidence, the process can be relatively quick.
If you’re going to claim compensation from an employer, it might take longer – especially if they’re unwilling to admit their negligence.
Ultimately, it depends on how receptive the negligent party is, but your lawyer will represent you until the claim is complete.
Some people rush into making a claim, which can be damaging because some lawyers charge upfront fees. You don’t know whether your claim will be successful, but working with conditional fee negligence experts means you can avoid legal costs.
Also, a free advice service can define whether you’re eligible to make an orthopaedic compensation claim, ensuring you can save money.
Yes, if the person is a vulnerable adult, child or deceased. However, children also have three years to make a compensation claim from when they turn 18, so you might want to discuss this with your child before making a decision.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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