Orthopaedic Negligence Claims

Orthopaedic medical negligence occurs when diagnosis, treatment, or surgery involving the musculoskeletal system falls below an acceptable standard and can affect your ability to move freely, remain independent, and carry on with everyday life. This may involve errors made by an orthopaedic surgeon, hospital team, or other medical professional during assessment, surgery, or aftercare.

JMW supports people who have experienced orthopaedic medical negligence and we understand the physical and psychological impact that this negligence can have, as well as the uncertainty people often feel when considering a compensation claim.

We will provide clear, practical advice from the outset, explaining whether a claim may be possible and what the next steps involve, while handling the legal process with care and professionalism. Where appropriate, we can help you pursue an orthopaedic negligence claim on a no win, no fee basis.

For a confidential discussion about your situation, contact our medical negligence team on 0345 872 6666, or complete our online contact form to request a call back.

Meet the Team

Our orthopaedic medical negligence claims are handled by an experienced medical negligence team with extensive knowledge of complex clinical negligence matters and a detailed understanding of orthopaedic care and treatment pathways.

What Are the Most Common Types of Orthopaedic Medical Negligence?

Orthopaedic medical negligence arises when diagnosis, treatment, or surgery involving the musculoskeletal system falls below an acceptable standard and results in avoidable harm. These issues form part of wider medical negligence claims and often involve care provided by an orthopaedic surgeon, hospital team, or other medical professional.

Common types of orthopaedic medical negligence include:

• Missed or delayed fracture diagnosis: where X-rays or scans are not requested or are misinterpreted, or where symptoms are not reviewed properly. Missed fractures commonly affect the wrist, hand, foot, ankle, or scaphoid and may lead to poor healing, long-term pain, or the need for further surgery.
• Errors during orthopaedic surgery: including operating on the wrong site, placing screws, pins, or plates incorrectly, or failing to stabilise broken bones properly. These errors can result in ongoing pain, reduced mobility, or the need to undergo revision surgery.
• Joint replacement complications: such as using the wrong-sized implant, incorrect positioning of components during hip or knee replacement surgery, or failing to respond appropriately to post-operative problems. These issues may cause joint instability, pain, or limited movement.
• Poor post-operative care and aftercare: where recovery is not monitored adequately, complications are missed, or infections are not diagnosed or treated promptly. In serious cases, untreated infection can lead to sepsis or further corrective surgery.
• Spinal surgery errors: including unnecessary procedures, incorrect surgical techniques, or misplaced hardware. Mistakes during spinal surgery can result in serious and sometimes permanent injury, including nerve damage or cauda equina syndrome.

For an orthopaedic negligence claim to succeed, it must be shown that the medical care provided fell below the standard expected of a reasonably competent professional and that this breach of duty caused injury or made an existing condition worse. Not every complication or unsatisfactory outcome amounts to negligence, but where avoidable harm has occurred, a medical negligence claim may be possible.

What Injuries Can Be Caused by Orthopaedic Medical Negligence?

Orthopaedic medical negligence can lead to a wide range of injuries affecting the musculoskeletal system. These injuries may arise where diagnosis is delayed, treatment is inappropriate, or surgery is performed incorrectly. In some cases, the harm is temporary, but in others it can result in long-term or permanent consequences.

Injuries caused by orthopaedic medical negligence may include:

• Bone fractures that heal incorrectly or remain untreated: such as missed distal radius fractures or scaphoid fractures, which can lead to deformity, reduced strength, and ongoing pain.
• Soft tissue injuries: including damage to muscles, ligaments, tendons, or cartilage, which may result in instability, weakness, or restricted movement.
• Nerve damage: which can occur during procedures such as hip replacement or spinal surgery, leading to numbness, tingling, weakness, or long-term pain.
• Joint damage or joint failure: particularly following negligent joint replacement surgery, where incorrect implant placement or sizing causes pain, stiffness, or reduced mobility.
• Spinal injuries: arising from errors during spinal surgery or unnecessary procedures, which can result in serious neurological harm and, in severe cases, permanent disability.
• Infection-related injuries: where post-operative infections are not identified or treated promptly, sometimes leading to sepsis or the need for revision surgery.

The impact of these injuries often extends beyond physical symptoms. Many people experience ongoing pain, difficulty moving the affected area, or a loss of independence. Orthopaedic injuries can also affect a person’s ability to work, care for themselves, or take part in daily activities.

In some cases, people who experience orthopaedic medical negligence also develop a psychological injury. This may be linked to prolonged pain, repeated surgical procedures, or the emotional impact of losing mobility or independence. These effects are taken into account when assessing the full consequences of negligent care.

Who Can Make an Orthopaedic Injury Claim?

An orthopaedic medical negligence claim may be possible where a duty of care existed, that duty was breached, and the breach caused avoidable harm. In orthopaedic cases, a duty of care is owed when a patient receives diagnosis, treatment or surgery from an orthopaedic surgeon, hospital team, or other medical professional.

To bring an orthopaedic negligence claim, it must be shown that:

• A duty of care was owed as part of medical treatment.
• The care provided fell below the standard expected of a reasonably competent professional.
• The breach of duty caused injury or made an existing condition worse.

This duty of care applies to orthopaedic treatment provided by both NHS and private healthcare providers. It covers all stages of care, including initial assessment, diagnostic imaging, surgical procedures, and post-operative management. A claim does not depend on the treatment being emergency care or elective surgery, but on whether the standard of care met accepted professional standards.

Not every complication or unsatisfactory outcome amounts to negligence. Orthopaedic surgery and treatment carry recognised risks, and a claim will only succeed where avoidable harm can be linked directly to negligent care. Establishing this link, known as causation, is a key part of assessing whether an orthopaedic medical negligence claim can be pursued.

What Is the Process of Making a Claim?

Making an orthopaedic negligence claim follows a structured legal process designed to establish whether the care you received fell below the standard expected and caused avoidable harm. The aim is to resolve the claim without formal court proceedings where possible, but litigation remains an option if necessary.

Steps in the claim process typically include:

• Initial consultation and case assessment: A specialist orthopaedic negligence solicitor reviews your situation, discusses your experience of medical treatment, and explains whether a claim may be possible. This stage includes checking deadlines and discussing how your case might be funded.
• Information gathering: Your solicitor obtains and reviews medical records and other relevant evidence to build a clear picture of the treatment you received and any errors that may have occurred. Independent medical evidence is sought to assess whether a breach of duty occurred.
• Letter of claim: If an expert opinion supports your case, your solicitor sends a formal letter of claim to the defendant, outlining the allegations of negligence and the harm it caused. The defendant then has a set period, usually four months, to investigate and respond.
• Response and negotiations: The defendant’s response may admit liability, deny it, or offer a settlement. Your solicitor will review the reply and negotiate where possible to reach an agreed resolution.
• Court proceedings if required: If the defendant denies liability or settlement cannot be reached, your solicitor will prepare your claim for court. Although the majority of medical negligence claims settle before trial, being prepared for this possibility is part of the process.

For a detailed explanation of the steps involved, you can also read JMW’s comprehensive guide to the medical negligence claims process.

Q

What can compensation cover?

A

Compensation in orthopaedic surgery claims is intended to reflect the impact of avoidable injuries and support recovery and ongoing needs. It is usually divided into:

• General damages, which relate to the non-financial effects of injury, such as pain and suffering, loss of amenity, and any recognised psychological injury linked to prolonged pain, reduced mobility, or repeated surgical procedures.
• Special damages, which cover financial losses and expenses resulting from orthopaedic negligence. This may include loss of earnings, rehabilitation costs such as physiotherapy or occupational therapy, care and assistance, private treatment, and adaptations or equipment needed to support daily living.

The level of compensation provided in medical negligence cases depends on the severity of the injury and its impact on everyday life. Specialist orthopaedic injury solicitors can assess both medical and financial evidence to build a clear picture of how the injury has affected the person bringing the claim.

Q

What are the time limits for making an orthopaedic claim?

A

Orthopaedic medical negligence claims are subject to a strict time limit, known as the limitation period. In most cases, a claim must be started within three years. This means court proceedings must be issued within that timeframe, even if the claim is still being investigated or discussed.

The three-year time limit usually runs from:

• The date of injury: when the negligent orthopaedic treatment took place, or;
• The date of knowledge: when you first became aware that an injury had occurred and that negligent medical care may have been a contributing factor.

The date of knowledge can be relevant in orthopaedic negligence cases where problems only become apparent months or years after treatment, such as when a missed fracture or surgical error leads to long-term pain or the need for further surgery.

There are important exceptions to the standard three-year limitation period:

• Children: the three-year time limit does not begin until a child’s 18th birthday. This means a claim can usually be brought at any point up to their 21st birthday.
• People who lack mental capacity: if a person does not have the mental capacity to manage their own legal affairs, the limitation period does not apply. A claim can be brought on their behalf at any time while they lack capacity.

Read our guide to the time limits of making a medical negligence claim to find out more.

Q

What evidence is needed to make an orthopaedic injury compensation claim?

A

To pursue an orthopaedic medical negligence claim, your case must be supported by clear and detailed evidence. This evidence is used to show that a duty of care existed, that the standard of care fell below what would be expected of a reasonably competent professional, and that this failure caused injury or made an existing condition worse.

The main types of evidence used in orthopaedic negligence claims include:

• Medical records: including GP notes, hospital records, operation reports, discharge summaries, and follow-up appointments. These records provide a detailed account of the orthopaedic treatment you received and how decisions were made.
• Imaging and diagnostic results: such as X-rays, CT scans and MRI scans. These are often central in cases involving missed fractures, delayed diagnoses, or concerns about how injuries were assessed.
• Independent expert evidence: an orthopaedic specialist is instructed to review the care provided and give an independent opinion on whether it fell below an acceptable standard and whether that failure caused harm. Expert evidence is essential in establishing breach of duty and causation.
• Witness statements: where relevant, statements from the claimant or others involved in the treatment may help explain what happened, the symptoms experienced, and how the injury affected daily life. These are used to support, not replace, medical evidence.
• Evidence of impact: documentation relating to ongoing symptoms, rehabilitation needs, time off work, or changes to daily living. This helps demonstrate the consequences of the injury and how it has affected quality of life.

Gathering and reviewing this evidence is a detailed process. JMW manages the collection of medical records, arranges expert reviews, and prepares the evidence needed to support an orthopaedic negligence claim. We explain what information is required and keep clients informed as the case progresses, so they understand how their claims are being built.

Q

What kind of therapy might be needed after an orthopaedic injury?

A

Orthopaedic medical negligence can lead to injuries that require ongoing therapy and rehabilitation. The type of support needed will depend on the nature of the injury, the treatment received, and whether further surgery has been required.

Therapy following an orthopaedic injury may include:

• Physiotherapy: to improve strength, mobility, and function, particularly after fractures, joint replacement surgery, or prolonged immobility.
• Occupational therapy: to support independence in daily activities, recommend adaptations, and manage reduced movement or joint function.
• Pain management support: where ongoing pain persists following negligent treatment or surgery, including structured pain management programmes.
• Psychological therapy: where a recognised psychological injury has developed, such as anxiety linked to long-term pain, loss of mobility, or repeated surgical intervention.
• Rehabilitation following further surgery: including support after revision surgery where initial orthopaedic treatment has failed or caused additional harm.

The need for therapy is assessed as part of the overall impact of orthopaedic medical negligence. Where therapy, rehabilitation, or long-term support is required, this can be reflected within an orthopaedic negligence claim as part of the broader consequences of the injury.