Orthopaedic compensation claims

Caroline Webber-Brown looks at orthopaedic compensation claims.

If you have ever broken a bone, suffered a dislocation, or undergone joint replacement surgery, then it is more than likely that you will, at some point, have been treated by the Orthopaedic Department at your local hospital.

Orthopaedic teams deal with injuries caused to bone, which commonly involve fractures and joint replacement. In the majority of cases treatment is successful, however there are circumstances when the outcome is not as good as expected.

Not all poor outcomes arise as a result of medical negligence, but where treatment is substandard you may be entitled to make an orthopaedic compensation claim.

What can I claim for?

Claims usually arise when surgery or general treatment has been performed below a reasonable standard. Claims can arise for different reasons. Among the cases we have been asked to deal with are the following:

  • Substandard joint replacement surgery, commonly including:
    • total or partial hip replacement (arthroplasty) or resurfacing
    • knee replacement or resurfacing
    • ankle, elbow, and shoulder replacement or joint resurfacing
  • Substandard joint fusion surgery (arthrodesis), used to fix the joint in place, commonly used for ankles and fingers
  • Infection and arthritis
  • Delay in diagnosis and treatment of bone fractures
  • Inappropriate or avoidable surgery to repair fractures
  • Substandard rehabilitation

What do I need to prove?

The onus is on the claimant and their legal team to prove that the medical treatment was negligent.

The National Institute for Health and Care Excellence (NICE) sets out the guidelines for the standard of orthopaedic treatment.

It is often helpful to be able to provide the lawyer dealing with your case with the outcome of any complaint that has been made, along with your medical records and x-rays. If you do not have these documents, we can help you to obtain them.

What can I claim for?

Orthopaedic injuries can have complex, long term, and even life-changing consequences. Complications can include stiffness, dislocation, infection, fractures, and bleeding. Ligament, artery and nerve damage can also arise. These injuries can result in reduced mobility, prolonged pain (including joint or bone weakness) and potentially the development of arthritis. This can affect all aspects of your day-to-day life, from general mobility and self-care, to employment and your psychological wellbeing.

Orthopaedic compensation is typically broken down into three sections:

general damages: compensation for the your injuries;

past losses: including the cost of care and assistance, and loss of earnings already incurred; and

future losses: including loss of future earnings and the cost of any future medical treatment, care, aids and adaptations that may be required.

How we can help

If you, or someone you know has suffered issues as a result of orthopaedic surgery or treatment, do not hesitate to contact Caroline Webber-Brown for a no-obligation assessment of your claim and details of No Win, No Fee funding.

Orthopaedic claims

Free Consultation

Get your free consultation by:

  1. Phoning our confidential helpline on freephone 0333 888 0412
  2. Sending details of your case to [email protected]
  3. Completing our online form:

How to Start Your Claim

Starting your medical negligence claim could not be simpler.

All you have to do is contact our friendly team for a free consultation. We will then walk you through the process. It's as easy as 1-2-3.

  1. We will assess the legal merits of your case, and tell you if we can assist.
  2. We will explain how No Win, No Fee funding works.
  3. When you are ready to go ahead, we will begin preparing your case.

What our clients say about us

We have over 1,200 reviews and an overall five-star rating on the independent legal review website, ReviewSolicitors.

Here is just a short selection of some of the reviews that our clients have left for our clinical negligence team:

Maddy Lawrence

“With the premature death of our eldest daughter, as it turned out, by clinical negligence, we were facing a very difficult journey both in proving fault and keeping heart and soul together. That we were able to, in terms of the fault element, was down to our professional legal team. They provided clear, calm and compassionate advice which got us through a horrendous inquest and subsequent legal maneuverers. They, in short, were magnificent and we are extremely grateful that we had them on our side.”

Great firm!

“I had an experience with Oliver Thorne who was nothing but helpful with settling my claim. He was very patient and professional as well as making sure I was happy and content throughout the whole process! Would highly recommend him if you’re looking for a solicitor!”

Compassionate, thorough, and outstanding legal support thus far

”Jade was incredibly friendly, taking the time to ask all the right questions and thoroughly investigate our case. Unlike previous solicitors, who dismissed us, Jade and the team at Slee Blackwell delved deeper and gave us renewed hope. We are extremely grateful for the dedication and professionalism in fighting for us. I would recommend Slee Blackwell to anyone in need of legal assistance.”

Mesh claim

“I cannot thank the team enough there understanding and empathy and the knowledge is outstanding. Caroline has been supportive every step of the way, she has informed me and kept me updated how the claim has progressed she has also had great understanding around my mental health and the physical damage I have occurred. I cannot thank the team enough. The team made this experience easier for me to deal with my emotional distress and pain.”

Thank you

“On behalf of all of us, we would like to thank you for your guidance, professionalism, humanity and kindness you have shown us all throughout this process. You have explained everything to us in clear and concise terms throughout and we are extremely grateful. We would have no hesitation recommending you and using your services in future. Thank you.”

Exceptional Service

“I have received expert advice throughout my case, the attention to detail is second to none. Their professional outlook and relatability means that I always recommend the firm. When I was unclear of any information or possible outcomes they took the time to speak with me on a personal level, confirming our conversation through email, I feel supported and understood and most of all they are empathetic, something that is often missing from large firms.”

Friendly, professional, knowledgeable.

“Oliver assisted me in the aftermath of my father’s sudden death in hospital. He helped me to draught my initial letter of complaint to the health authority, represented me and my mother at the inquest and ultimately succeeded in bringing a successful claim. I always felt I could approach Oliver with any questions and he would explain the legal processes in an understandable way. I would not hesitate to recommend him should anyone find themselves in a similar unfortunate position.”

Excellent solicitor

“I cannot recommend this firm highly enough and especially Caroline who is professional approachable and thorough, she works tirelessly and is a real credit to the firm, you are not made to feel like just a number as with other firms, it’s a pleasure to have such an excellent solicitor to represent you when you have gone through so much she is so understanding and knowledgeable.”

10 Reasons to Choose Our Team

  1. We are specialist clinical negligence solicitors who are recommended by the Legal 500 and Chambers and Partners legal guides.
  2. We offer a nationwide service.
  3. We have a five-star ranking on the independent legal review platform, ReviewSolicitors.
  4. Team leader Oliver Thorne is an accredited AvMA panel lawyer.
  5. We have been awarded Lexcel accreditation by the Law Society for excellence in client care.
  6. We offer a sympathetic, understanding and refreshingly jargon-free approach.
  7. We believe that clients should be treated as valued individuals, not a number or just another problem to be solved.
  8. We have close links with independent medical professionals, and can therefore ensure we get the best possible expert input for your claim.
  9. We operate a FREE medical negligence helpline which you can call on 0333 888 0412 for a free, no obligation consultation and case assessment. You can also contact our helpline by email at [email protected].
  10. We fund cases on a no win – no fee basis, so worries about legal costs should not put you off seeking justice.