Orthopaedic Negligence Claims
If you’ve suffered due to orthopaedic negligence, our expert solicitors are here to fight for the compensation you deserve, on a no win, no fee basis. Contact us today for trusted legal support.
Our orthopaedic claims expertise
With an increasing number of orthopaedic injuries each year and over 70,000 hip fractures annually, hospitals are under pressure both to get the treatment right and to free up space quickly for the next patient. Unfortunately, things do not always go to plan – problems arising from orthopaedic treatment are on the rise.
Our clinical negligence solicitors have considerable experience in orthopaedic negligence claims. We regularly deal with cases involving delay in diagnosis of fracture, problems arising during hip, knee or elbow replacement, wrong site surgery or lack of consent to surgery, post-operative infection, equipment malfunction, nerve damage, incorrect size of prosthesis and delay in diagnosis of congenital hip dysplasia/developmental hip dysplasia.
Have you suffered due to an orthopaedic error?
Orthopaedic procedures are essential for restoring mobility and relieving pain but when mistakes happen, the consequences can be life-changing. If you’ve suffered due to orthopaedic negligence, our expert clinical negligence solicitors are here to help you pursue an orthopaedic negligence claim.
We have extensive experience in handling orthopaedic medical negligence claims, including cases involving delayed diagnosis of fractures, surgical errors in joint replacements and wrong-site surgery.
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We are specialist orthopaedic negligence claims solicitors offering no win, no fee representation, please get in touch today to see how we can help.
What is orthopaedic negligence?
Orthopaedic negligence occurs when a healthcare provider fails to meet the expected standard of care during the diagnosis, surgery or post-operative treatment of bones, joints, muscles or ligaments. This can lead to avoidable pain, disability or the need for further surgery - forming the basis of an orthopaedic negligence claim.
We support clients with a wide range of orthopaedic injury claims including:
- Misdiagnosed fractures
- Delayed diagnosis and treatment of orthopaedic conditions
- Surgical errors during hip, knee, or shoulder replacements
- Nerve damage during orthopaedic procedures
- Spinal surgery complications
- Improper consent or advice
- Failure to monitor post-operative complications like infection, bleeding or paralysis
Common types of orthopaedic surgical negligence
How surgical errors can occur in joint replacement procedures?
Surgical errors in hip, knee and shoulder replacements can arise from a range of issues before, during or after the procedure. These may include incorrect positioning and sizing of implants, failure to recognise or respond to complications such as nerve or vascular damage, use of defective prosthetic components, poor surgical technique leading to instability, dislocation or infection.
In some cases, patients are discharged too early or not properly monitored post-operatively, resulting in delayed diagnosis of serious complications. These errors can lead to chronic pain, reduced mobility and the need for revision surgery - all of which may form the basis of an orthopaedic negligence claim.
Nerve damage in orthopaedic surgery: how it happens?
Nerve damage during orthopaedic procedures — such as hip, knee or shoulder replacements can occur due to several types of surgical negligence:
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Direct trauma: surgical instruments may inadvertently cut, stretch or compress nearby nerves, especially in areas with complex anatomy like the pelvis or shoulder
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Incorrect patient positioning: prolonged or improper positioning during surgery can lead to compression or traction injuries, particularly affecting nerves like the sciatic nerve (hip surgery) or brachial plexus (shoulder surgery)
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Failure to identify or protect nerves: surgeons must take care to locate and shield nerves during joint procedures. Damage to the femoral nerve (hip) or peroneal nerve (knee) can result in long-term mobility issues
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Ischaemia (restricted blood flow): tourniquets or poor vascular management during surgery can reduce oxygen supply to nerves, causing permanent damage
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Anaesthetic errors: Incorrect needle placement during spinal blocks or epidurals can injure nerves, leading to chronic pain or numbness
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Inadequate post-operative care: failure to monitor for complications like infection or compartment syndrome can result in secondary nerve damage
Consequences of surgical delays in scoliosis treatment
Timely surgical intervention is crucial for scoliosis patients to prevent worsening spinal curvature. When delays occur - whether due to misdiagnosis, poor referral management, or administrative failings - the impact can be severe. A prolonged wait may lead to a more pronounced spinal deformity, limited surgical options, and poorer long-term outcomes.
In such cases, patients may experience chronic pain, reduced mobility, and loss of function, all of which can significantly affect their independence and quality of life. These circumstances may give rise to an orthopaedic negligence claim, particularly when the delay stems from avoidable errors within the healthcare system.
Complications from negligent orthopaedic treatment
Whether through surgery, misdiagnosis, or poor post-operative care, negligent treatment can result in serious and often irreversible complications, including:
- Permanent nerve damage: surgical errors or anaesthetic mistakes can damage nerves, leading to chronic pain, numbness, or paralysis
- Spinal cord injury: trauma to the spinal cord during surgery or failure to treat conditions like abscesses or tumours can cause paraplegia or quadriplegia
- Cauda equina syndrome: a delayed diagnosis of this emergency condition can result in permanent bladder, bowel, and sexual dysfunction
- Infection and sepsis: poor hygiene or failure to monitor post-operative infections can lead to sepsis, which may require intensive care or result in death
- Failed spinal fusion or implant misplacement: incorrect placement of surgical hardware can cause instability, pain, and the need for revision surgery
- Amputation: in rare but severe cases, untreated infection, vascular injury, or compartment syndrome following spinal surgery can lead to tissue death requiring limb amputation
- Loss of mobility and function: patients may experience long-term mobility issues, requiring assistive devices or full-time care
- Psychological trauma: the emotional impact of spinal injury or disability can lead to anxiety, depression, or PTSD
- Financial and lifestyle impact: many patients face loss of income, increased care needs, and significant lifestyle changes.
Orthopaedic negligence: patient impact
When orthopaedic procedures are performed negligently, the consequences can be profound and long-lasting. These complications often affect not just physical health but also emotional wellbeing, independence and financial stability.
In many cases, these outcomes could have been avoided with timely, competent care. That’s why pursuing an orthopaedic negligence claim is not just about compensation - it’s about accountability, answers and access to the support needed to rebuild your life.
- Chronic pain and reduced mobility
- Permanent nerve damage or paralysis
- Loss of limb function or amputation
- Need for revision surgery or long-term rehabilitation
- Inability to return to work or perform daily tasks
- Anxiety, depression, and PTSD
- Loss of confidence and independence
- Strain on relationships and family life
- Cost of ongoing care, therapy, and equipment
- Home adaptations and mobility aids
- Loss of income or career opportunities
- Increased reliance on carers or support services
Orthopaedic negligence FAQs
You usually have three years from the date of injury or when you became aware of the negligence.
Compensation may cover:
- Pain and suffering
- Past and future loss of earnings
- Care provided by family members or by professional carers
- Rehabilitation costs
- Home adaptations
- Specialist equipment
- Psychological treatment
- Travel expenses
Most claims settle out of court, but we’ll guide you through every step if a hearing is needed.
Client settlements
Mr W underwent two separate procedures, believing he was receiving total hip replacements on both occasions. However, it later emerged that a different type of implant had been used — one that was unsuitable for his condition. As a result, Mr W continued to experience significant hip problems and required multiple further surgeries over the following years.
The claim succeeded on the basis that Mr W had not been properly informed about the nature of the procedures. Had he received the total hip replacements he was led to expect, he would likely have avoided the complications and subsequent operations.
Outcome: claim settled for £165,000
Mr P attended A&E after injuring his ankle and was diagnosed with a torn ligament. His leg was placed in a full plaster cast, which was removed a week later and replaced with a tubigrip. However, his symptoms persisted, prompting an MRI scan that revealed a fractured fibula and diastasis of the ankle — injuries that had been missed during his initial hospital visit.
As a result of the delayed diagnosis, Mr P required major ankle reconstruction surgery. While surgery would have been necessary even with an earlier diagnosis, timely treatment would have led to a quicker and more complete recovery.
Outcome: claim settled for £19,000
Mr H was admitted to hospital for a left talar ankle fusion and ankle replacement. During the procedure, a piece of surgical equipment malfunctioned and exploded inside the surgical site, propelling metal fragments into the surrounding tissue.
As a result of this equipment failure, Mr H experienced additional complications and trauma during what should have been a routine operation.
Outcome: claim settled for £12,000
It was alleged that C’s developmental hip dysplasia should have been identified shortly after birth. However, the condition went undiagnosed for over a year. As a result of the delay, C required an arthrogram and closed reduction, followed by 12 weeks in a plaster cast.
Had the condition been recognised at birth, treatment would have been far less invasive — limited to wearing a splint for just 6 to 8 weeks. Despite the delay, C made a very good recovery, with only a slight residual weakness in her left leg.
Outcome: claim settled for £10,000
Why choose us?
Support beyond legal advice
We understand that recovery is more than just compensation. We work with rehabilitation experts, physiotherapists and case managers to ensure you receive the support you need to rebuild your life.
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Meet our team
Carolyn Lowe
Partner & Head of Clinical Negligence for the South
Karen Reynolds
Partner & Head of Clinical Negligence for Derby, West Midlands & North West
Jane Williams
Partner, Head of Medical Negligence, East Midlands & North East
Phillip McGough
Clinical Negligence Associate
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