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Orthopaedic Negligence Claims

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Orthopaedics is a medical term that refers to ligaments, joints, muscles and tendons in the body. Orthopaedic medical procedures are common and happen in hospitals every day, and whilst the majority of procedures are performed with no complications, there are those who suffer as a result of surgical errors and misjudgement from orthopaedic surgeons.

Orthopaedic injuries can have long-term consequences for the patient, such as unnecessary pain, a loss of earnings and they can have a negative effect on the quality of life for the patient.

If you have suffered as a result of poor orthopaedic surgery or treatment, you may be eligible to make a medical negligence claim for orthopaedics negligence. Contact Wildwood Legal today to discuss your potential claim with one of our medical negligence solicitors.


Common orthopaedic surgeries and injuries


There are a variety of surgeries that fall under orthopaedic procedures; the most common procedures that we see associated with medical negligence claims include:


· Elbow, hand, shoulder surgery

· Back and spine surgery

· Joint reconstruction

· Foot and ankle surgery

· Paediatric orthopaedics

· Musculoskeletal oncology

· Hip replacement

· Joint replacement


Common medical mistakes we see that lead to claims after these surgeries includes the following:


· Delay in diagnosis of fractures

· Nerve damage

· Issues arising following hip, elbow or knee surgery

· Post-operation infection

· Delay in diagnosis of injuries

· Equipment malfunction during surgery

· Wrong-site surgery

· Unnecessary surgery

· Broken bones


As well as physical injuries that can arise following these mistakes from medical professionals, psychological injuries such as depression and anxiety can be sustained after medical negligence as it can be a traumatic situation. If you have suffered as a direct result of any of the issues listed above or others, you should enquire about making a claim.


What should I do if I want to make a claim?


If you are thinking about claiming compensation, it is important that you are aware of how to prove medical negligence. Medical negligence cases, such as orthopaedic negligence claims, must be built on evidence, so it is essential that you can prove what happened to you, caused injury as a result of someone else’s actions. Evidence that could help prove medical negligence are:


· Medical records, including any ultrasounds or X-rays

· Any reports from medical experts that could be used as evidence

· Photographs of any personal injuries or illness related symptoms

· Financial evidence

· Detailed statements from the claimant

· Witness statement (these can be from family or friends)


How will my orthopaedic negligence claims compensation be calculated?


There are different types of medical claims that can be made following injuries from clinical negligence that was not your fault. Here are some of the things that compensation claims can be calculated with:


· The severity of your injury

· Loss of benefits

· Length of recovery

· Loss of projected earnings

· Impact on daily life

· Loss of earnings


There is no maximum amount that you can be awarded for medical negligence. The amount of financial compensation you receive will be based on the severity of the ongoing disability and losses due to medical negligence. A medical negligence claim is considered on a case-by-case basis as each claim has a unique set of circumstances.

A medical negligence claim is made up of two areas, the amount of compensation you receive will be split into general damages and special damages.


General damages cover physical injuries (pain and suffering/loss of amenity). These damages take the severity of your injuries into consideration as the more severe your injuries are, the higher the compensation levels are likely to be. If you have been left disfigured or disabled as a direct result of a failed operation, this would be covered by general damages.

Special damages cover the financial impact the medical negligence had. This includes loss of earnings which will depend on the severity of your injuries and the type of job that you do. Special damages also cover any care that you may need. For example, if you lost a limb due to medical malpractice, the court would likely reward you with compensation to cover the financial implications of this in the future.


Time limits for making orthopaedic negligence claims


The general rule for medical negligence claims is that you have three years from the date of the accident to have either settled your claim or started court proceedings where the injury occurred.

The three-year deadline commences from the date that the injury occurred or from the date on which you realised that your injury or illness was associated with medical negligence. The three-year time limit for claiming compensation does not apply to under 18s; however, it will come into effect after their 18th birthday. There is also no time limit for individuals that lack the mental capacity to make a claim themselves.


How much do orthopaedic negligence claims cost?


We will always be 100% transparent about what our charges are; if we take on your medical negligence case, we will almost always do so on no win no fee agreements (also known as a conditional fee agreement).

This means that if you do not win your case, you do not pay us any fees at all. If we win the case, we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.

We will never ask you to sign anything until you are completely happy with what it is that we are proposing.


How can Wildwood Legal assist?


At Wildwood Legal, we know that the consequences of medical negligence can be devastating. If you have suffered from this, you need to seek legal advice – That’s where we come in.

We see all too often the significant effect that medical negligence can have on people’s lives. We can help on the financial side to get you on the road to recovery and help you to maximise the amount of compensation you receive.

Our core strength is in personal injury claims and clinical negligence claims. We are experienced in helping you with any negligence claims that you may want to make. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.

Our law firm is authorised and regulated by the Solicitors Regulation Authority; therefore, we provide everything that is needed to meet their high standards meaning that we are a trusted law firm. We offer services to individuals located in England and Wales.

Our ultimate aim is to obtain a great outcome for your case and for you to feel able to recommend us to others at the end of your claim.

We value the opinion of our clients, and we will always listen to you and take on board what you say.

If you’ve suffered as a result of medical negligence, get in touch with us, and we can help you start your claim– we’re only a phone call away. You won’t regret it. To make an enquiry, get in contact with us either email us or call us 01423 209 046 We have registered offices in Harrogate and London.

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If you are thinking about making a claim, we would love to hear from you.  We will give you clear, honest advice.

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