Orthopaedic Negligence Claims

Orthopaedic Failures and Medical Negligence

Orthopaedics refers to injuries and diseases of your body's musculoskeletal system such as the bones, joints, ligaments, tendons, muscles, and nerves and is a common ground for litigation.

Treatment complications

However, complications of treatment are not, in themselves, evidence of negligence; they are just unintended consequences that can occur, even when the treating doctor is exercising great skill and care. Unless you can show that you have suffered an injury as a result of an unacceptable standard of care then it may be difficult to establish a claim.

Missed fractures or broken bones

Sometimes, a missed fracture can occur; this can be painful, and may also hinder the healing process. While many orthopaedic specialists do assess fractures adequately, you may find that yours has missed a fracture that another specialist would deem to be obvious on an x-ray film. When fractures are not attended to promptly, the bone healing process can be disrupted, which may result in on-going mobility issues.

Red-flag symptoms

There may be a failure to identify red flag symptoms which may indicate that there is a medical emergency which if not treated will lead to catastrophic injury or significant disability such as cauda equine.

Errors during surgery

In some instances, orthopaedic negligence can occur during surgery; poorly fitted prosthesis, grafts that have not been applied correctly, badly performed procedures can significantly reduce your quality of life. Such problems may not always be obvious at first, and only arise upon further assessment.

Secondary treatment mistakes

Secondary issues related to orthopaedic surgery can also result in a negligence claim, for example a tourniquet may have been applied for over long periods resulting in tissue damage and subsequent amputation.

If you feel your full consent was not obtained, you may be eligible for compensation as you should have been warned of the potential risks before consenting to the procedure so that you can make an informed decision to undergo that surgery.

Post-operative infection, muscular damage, and nerve damage can also be as a result of substandard care. If you have experienced orthopaedic negligence as a result of medical mistakes, you may have suffered from one of the following:

  • Being unable to work due to pain
  • Loss of earnings due to being unable to work
  • Being unable to enjoy social activities
  • Being unable to leave the house without assistance
  • The inability to perform everyday activities
  • Emotional or mental distress due to a combination of the above factors
Chambers and Partners 2017 - Top Ranked Law Firm Simpson Millar LLP

Chambers and Partners 2017

"Large practice with broad capabilities. Advises on obstetric negligence and cases relating to delayed diagnosis of cancer, negligent orthopaedic surgery, dental surgery and inadequate nursing care."

"Neil Fearn is head of the firm's national clinical negligence practice. He acts on obstetrics, delayed diagnosis of cancer and amputation cases. Clients say: 'He works so hard and won't put a matter down until it is finished; he keeps at it and gets it as near-perfect as possible.' Another source adds: 'He gets good results due to his drive and determination.'"

"New partner Lisa Swales has recent experience in child brain injury cases. 'She always responds to my e-mails and phone calls within a matter of hours,' says one client, while commentators say that she 'fights for her client, is sensible and is on top of cases.'"

"Geoffrey Simpson-Scott is a key contact who advises clients on a range of clinical negligence cases, including misdiagnosis cases and negligent surgery matters. Often represents families at inquest."

How a Solicitor can help

If you feel you have suffered as a result of orthopaedic negligence or treatment failures, our team of expert solicitors can advise you on the legal steps that are available to you. As professionals who specialise in negligence arising from medical mistakes, we can address each claim with the discretion and sympathy you need, and we will do our best to make you feel comfortable throughout the claims process.

Our friendly team are happy to listen to any concerns you may have; as such, we will strive to make sure you feel well-supported from the moment you decide you would like to investigate why you have suffered as a result of orthopaedic surgery. With our guidance, moving through the claims process will become easier. While you may find medical law challenging, we have the expertise to simplify it. With our assistance, you can work towards rectifying the wrongs you experienced.


If you have been victim of medical negligence you could be entitled to compensation. Call our medical negligence solicitors today on Freephone: 0808 129 3320 or use our free, no obligation, online enquiry form to register for a call back.


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Neil Fearn - Medical Negligence Solicitor - Leeds

Neil Fearn
Partner, Head of Medical Negligence

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