
What is meant by orthopaedic medicine?
This is an area of medicine which deals with muscle and bone structure as well as joints, tendons and ligaments. Orthopaedic Surgeons specialise in this area. They are generally involved in the diagnosis and treatment of injuries concerning these areas of the body.
Could I have a claim for negligent treatment for my orthopaedic injury?
Incorrect treatment for an orthopaedic injury can have devastating consequences and cause debilitating consequences.
You may have a claim for negligent treatment for:
• A misdiagnosis of the injury which has led to incorrect treatment being provided or the seriousness of the injury not initially being recognised.
• A delay in properly treating the injury leading to a less than satisfactory outcome.
• A delay in referral to properly treat the condition.
• An error in surgery causing complications.
• Surgery that is performed on the wrong part of the body.
• Surgical instruments being left within the body.
• The incorrect reporting of X-rays, CT or MRI imaging.
• The failure to provide appropriate aftercare following surgery leading to a sub-optimal outcome or avoidable infection.
What injuries may be caused by orthopaedic negligence?
The injuries that may arise are wide-ranging. Some injuries that may be caused include those to the:
• Hip
• Knee
• Ankle
• Foot
• Shoulder
• Spine
Do I have a right to claim damages?
This will depend on whether it can be proved that the medical error has caused an injury and led to a worse outcome than would have been the case if the correct treatment had been provided.
To bring a claim for negligent Orthopaedic treatment, you need to prove:
• The treating clinician owed you a duty of care.
• The duty of care to you was breached.
• You suffered an injury/unnecessary suffering because of the breach of duty of care.
To establish a breach of duty it is necessary to show with the benefit of independent expert evidence that the treatment provided fell below a reasonable standard and would not be supported by a responsible body of orthopaedic opinion.
What damages can I claim for the injury?
This will depend on the injury caused due to the breach and the long-term effects on you.
If it can be established that you have suffered an injury due to medical negligence, then you will be able to claim General Damages for your pain and suffering. Independent medical evidence will be obtained to prove your injuries, and it is this that will be used to value the claim.
What other damages might I be able to claim?
If it is proved that you have suffered an injury, then any past and future losses you have incurred because of the negligence will be claimed on your behalf.
The heads of loss you can claim will vary depending on the injury you have suffered and whether this is likely to continue to affect you in the future.
The types of loss you may be able to claim include:
• Travel expenses.
• Medication and prescription charges.
• Care and assistance around the home.
• Loss of earnings.
• Aids and equipment.
• Medical treatment.
These losses can be claimed in all cases where the medical evidence shows they arise because of the medical negligence.
How long will a claim take?
There is no definitive answer to this as it will depend on many factors. This will include, amongst other matters:
• Whether the Defendant admits the alleged negligence or chooses to defend the action.
• The complexity of the evidence in the case and how long it takes to obtain it.
• Whether the case must proceed to a hearing for the Court to determine whether the Defendant was negligent and/or the amount of compensation you are entitled to.
• The complexity of the medical evidence in support of your case proving your injuries.
How long do I have to bring a case?
You have a period of three years from the date the error happened, or the date you became aware of it, if later, to bring a claim.
A child under 18 at the time has three years from the age of 18 to bring a claim. This means they would need to have started Court proceedings by the time they are 21.
The only other exception to the three year rule is a person who lacks mental capacity. They have no time limit within which to commence an action.
An experienced Solicitor will be able to advise you at the outset about the relevant time limits which apply to your claim.
How will my case be funded?
Most claims are funded on a Conditional Fee Agreement basis, commonly referred to as a “no win, no fee” agreement. This means you do not have to pay your Solicitor in the event the claim is unsuccessful. Your Solicitor will discuss the funding of the case with you initially prior to starting work on the case.
What will happen initially?
Once a decision has been made that there is a claim to be pursued, the medical records will be obtained and carefully considered. Following this, an independent orthopaedic expert will be instructed to consider the records and provide an opinion on whether the treatment fell below a reasonable standard. It is important that the expert instructed is of the same expert discipline as the doctor that is alleged to have provided sub-standard treatment.
Next steps...
If you feel you may have a claim for an orthopaedic injury sustained during the course of your treatment, you can contact our team of experienced clinical negligence solicitors for an initial discussion at no cost on 01283 214231 or via email at legal@timms-law.com.