Eligibility for Orthopaedic Negligence Claims

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Legal claims for negligent care regarding orthopaedic conditions can cover a variety of different areas and scenarios.

This article details these areas and whether negligence may have occurred during the consultation, treatment or even surgery phase of the patient journey.

Orthopaedic Negligence Claims

Which parts of the body does orthopaedics cover?

Bones
Cartilage
Joints
Ligaments
Tendons

What actions may make you eligible for an orthopaedic negligence claim?

Failed diagnosis of fracture – This is when you attend A&E for example, and the fracture is not identified from the outset. This missed fracture then creates complications down the line or requires further corrective measures (or both).
Incorrect orthopaedic advice – Medical advice on your condition is incorrect and leads to further problems, or some other kind of intervention such as therapy or even surgery in order to attempt to fix the issue.
Poor surgical technique – Either an outright mistake that causes complications in or around the surgery site, or poor surgical technique which causes further damage and/or fails to correct the issue.
Delayed or incorrect surgery – A delay in receiving the treatment, or the wrong type of surgery altogether – such as the wrong procedure or on the wrong limb. Any of these factors could cause long term damage or even be completely irreversible and have life-affecting consequences.

How long do I have to come forward and seek legal representation?

Claims relating to medical negligence are complex. A case such as this is subject to a three-year limitation period.

This means that claims must be commenced within the Courts in three years of either the date the negligent act occurred or the date you became aware that negligence had occurred.

If the case is brought by a loved one on behalf of a deceased victim, this limitation period commences from the date of death. Where a minor is concerned, the limitation period starts when they reach their 18^th birthday.

Each person’s case is unique, and our team will be able to advise further upon learning the details of your own story.

How long will such a case take to conclude?

Due to the complexities of such cases, they can often take between 18 and 24 months to conclude. This can even be longer if Court proceedings need to be issued. We believe that it is best to be aware of such timescales going in.