Orthopaedic Errors and When to Claim Compensation
An individual who has undergone an orthopaedic procedure may be entitled to claim compensation if medical negligence has in some way caused them to suffer a worse long-term outcome than should have been the case with an acceptable level of medical competence.
Errors in orthopaedic care
Although widely-practised and generally highly successful, orthopaedic surgery is, nonetheless, extremely complex and can occasionally go wrong. A procedure which was intended to aid the patient and enhance their quality of life can, in the most unfortunate of circumstances, produce the opposite result, leaving the patient in pain and with long-term disability requiring further surgery.
Where this is the case, the individual affected by the negligent care would be legally entitled to claim compensation for the consequences of the negligence. Depending on the location of the procedure and the nature of the negligence, the impact on the patient can vary significantly but, in many case, it can be life-changing, potentially depriving the individual of the capacity to work and even to remain independent.
Examples of negligent care which puts the patient at risk of long-term disability could include the following:
- Carrying out surgery to the wrong location (a 'never event')
- Using an incorrect prosthesis
- Using an incorrect technique such as the wrong positioning of an implant causing the need for revision surgery
- Accidental damage to a nearby part of the anatomy such as a nerve
- Insufficient infection care, allowing the patient to develop an infection in the wound
When to claim compensation
It should be possible to make a claim for compensation if it is clear that an act of negligence has occurred during your orthopaedic procedure and that it has had a significant impact on your long-term impact and quality of life.
A successful claim would include, where appropriate, any loss of earnings, both past and future, and any additional costs, such as the costs of care or equipment, which the negligent management of your orthopaedic procedure has caused you to suffer.
Be aware that these claims are associated with a three-year deadline from the date of the alleged negligence so you need to speak to a legal specialist as soon as possible. They will need time to obtain copies of your medical records and investigate the quality of your care within this legal timeframe.
Specialist legal advice
If you think that either you or a loved one have been the victim of negligent orthopaedic care, contact Glynns Solicitors.
Specialists in medical negligence law and with extensive expertise in orthopaedic claims, we can ensure a meticulous analysis of your medical care and a scrupulous assessment of the impact of any negligence which you have suffered.
This specialisation ensures that we have the skills ready and waiting to help you in the most efficient and economical way.
It also means that we can offer No Win No Fee medical negligence funding which we will discuss with you during your free initial telephone discussion.
Please call us free on 0800 234 3300 or complete our Online Enquiry Form.
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