Orthopaedic Compensation Claims

For many orthopaedic injuries, if surgery is required then it is important that you receive treatment within the relevant therapeutic window. Failure to treat the injury within such window can have an adverse effect on your outcome. If the injury is not treated in the appropriate therapeutic window this could affect your recovery and in some cases cause permanent damage which may not have occurred if you had received treatment within a timely manner.

If you have suffered a fracture but this has been over looked, this could hinder your recovery and lead to ongoing mobility issues if not treated appropriately. If you have endured a longer period of pain and suffering and your outcome is worse as a result of the failure to diagnose and treat the fracture appropriately, then you may be able to bring a claim for compensation.  

Many orthopaedic procedures such as hip and knee replacements are fairly routine and the vast majority of them are carried out successfully without any complications. However, following such procedure if you do not recover as well as you would expect, then it may be that an error occurred during surgery resulting in the need for revision surgery to correct the error made. This could be another example of an orthopaedic negligence claim as if the primary surgery had been carried out to a reasonable standard, you would not have had to endure the pain and suffering of having to undergo revision surgery.

How much compensation can I get for an orthopaedic claim?

The amount of compensation varies from case to case. The purpose of compensation is to put you back in the position you would have been in but for the negligent treatment, in so as far as money can.

If it is accepted that the treatment you received fell below a reasonable standard and as a result you suffered an injury, then the amount of compensation you will receive will ultimately depend on how much of an impact your injury has on your day to day life. Generally, compensation is split into two categories;  

1. General Damages – this is the compensation you will receive for the injury itself. This is calculated based on the severity of the injury and whether the injury is likely to have a short or long term effect on your day to day life.
    
2. Special Damages – this is the compensation that is designed to compensate you for any out of pocket expenses that you have incurred because of your injury, as well as any future losses you are likely to incur.

As an example, if your injury affects the amount of paid work you are able to undertake, and your earnings are reduced as a result of your injury we would seek to claim the loss of earnings you have suffered as a result.

If you injury means that you require care and assistance to manage your personal care and household chores, again we would seek to recover the costs of arranging for such assistance to be put in place.

What is the time limit to claim for an orthopaedic compensation claim?

The majority of medical negligence claims are subject to a three year limitation period. This means you need to ensure that court proceedings commence within three years of the date of injury or three years from the date you became aware that you suffered injury as a result of medical treatment, whichever is later. 

There are some limited exceptions, such as if you are under the age of 18 or lack mental capacity, but the vast majority of cases are subject to the above rule. It is therefore vital that if you think you may have suffered an injury as a result of negligent treatment, you should seek legal advice as soon as possible.

Can an orthopaedic injury claim be funded by a no-win, no-fee agreement?

Yes. During our initial consultation, we will discuss the different funding options available to you, and advise which option we think is the most suitable. The majority of our medical negligence claims are funded by way of a Conditional Fee Agreement (CFA), more commonly referred to as a ‘No Win, No Fee’ agreement.