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Oakwood Solicitors

Orthopaedic Claims

Have you received negligent
treatment?

  • No-Win, No-Fee
  • No upfront cost or hidden charges
  • Straight-talking and friendly advisors
  • Free consultation and claim assessment
  • Support and advice whenever you need it

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Testimonials

Polite and friendly.

I just want to say how grateful I am for Carol to be helping me and fighting by my side. She was really polite and friendly which made me feel very at ease and very comfortable to go ahead with this claim. Thank you so much.

- Jack David

Compassionate and understanding.

Sara was very kind and compassionate towards me, she really understood the pain I'm going through during this difficult time of my life. And for that I thank you.

- Scott Reid

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The experts in Medical Negligence Claims

Oakwood Solicitors Ltd’s specialist Medical Negligence department has an in-house team of solicitors and legal professionals dedicated solely to this area of law.

With over 24 years of combined experience, we are dedicated to assisting clients who have suffered physically, mentally, and financially as a result of negligent medical treatment. The specialist team pursues an array of medical negligence claims ranging from prescription errors and misdiagnosis to complex birthing injury and spinal claims and everything else in between.

What is an orthopaedic claim?

Orthopaedic claims involve primarily the treatment of musculoskeletal injuries (fractures), ligament reconstruction, and joint replacements (for further information regarding knee replacements in particular, click here).

Our body’s musculoskeletal system includes our joints, bones, muscles, ligaments, and tendons which help us move. Often, we sustain musculoskeletal injuries because of accidents at work, accidents in public places, or road traffic accidents.

What could your claim involve?

You could potentially claim for treatment in relation to your:

  • Hand
  • Shoulder
  • Foot
  • Ankle
  • Elbow
  • Spine
  • Hip
  • Knee
  • Back
  • Joint reconstruction
  • Paediatric orthopaedics

What could amount to negligent treatment?

Negligent treatment could include scenarios such as:

  • A delay in diagnosing a musculoskeletal.
  • A misdiagnosis of a musculoskeletal injury (including but not limited to the x-ray being read incorrectly).
  • A failure/delay in treating a musculoskeletal injury including but not limited to a delay in referral, a delay in physiotherapy, and a delay in surgery.
  • Lack of consent to complete a musculoskeletal injury
  • Unnecessary surgery being performed on musculoskeletal injuries.
  • Surgical errors intended to treat musculoskeletal injuries (including but not limited to surgery being performed on the wrong part of the body).
  • Surgical errors causing musculoskeletal injuries.
  • Problems experienced post musculoskeletal injury surgery.

What could I claim for?

 

  • Pain, suffering, and loss of amenity.
  • Past, current, and future treatment including but not limited to physiotherapy.
  • Care costs.
  • Loss of earnings.
  • Aids and equipment.

How do I make a claim?

If you feel that your diagnosis has been delayed or that your treatment has been inappropriate, you may be entitled to bring about a claim.

The team at Oakwood Solicitors Ltd will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.

Who can bring about a claim?

The victim of the negligence can bring about a claim in their own right however it may be the case that sadly the victim is either unable to bring about a claim or has sadly passed. In such circumstances, a claim can be brought about on their behalf either by an appropriate person or litigation friend if the victim is still with us or by the executor of the estate of a surviving dependant if the victim has passed.

Our specialist team will be able to discuss whether you have a right to bring about a claim so if you or a loved one has been affected, do not hesitate to contact us.

How long do I have to claim?

Claims of this nature are subject to a three-year limitation period. This means 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.

In cases involving deceased victims, this limitation period commences from the date of death, and in cases involving minors, the limitation period starts when they reach their 18th birthday.

The law surrounding limitation periods is complex – our specialist team will be able to advise further.

How long will my case take to run?

Given the complexities involved in pursuing a clinical negligence claim, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued.

Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion. We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.

Frequently Asked Questions

How much is my claim worth?

It is often difficult to value clinical negligence claims at their outset given the complexities involved however we will pursue two forms of compensation for you:

Firstly, we will pursue compensation known as general damages. This is an award of money for the pain and suffering you have endured as a result of the negligence.

Secondly, we will pursue compensation known as special damages. This is an award of money for all your out-of-pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future. This list is not exhaustive and is very case-specific.

How is my case funded?

The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘No-Win, No-Fee’ Agreement. This means that there will be nothing to pay upfront and nothing to pay if the claim has been lost.

If you are successful in your claim, a deduction of 25% of damages inclusive of VAT will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) Insurance Policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE Insurance Policy has to be obtained, the cost of this will be discussed with you at the appropriate point.

The cost of the ATE Insurance Policy is again taken from your damages and only payable if your claim is successful.

Why should I choose Oakwood Solicitors Ltd?

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.

Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.

What do I do now?

If you believe or feel you have a claim, contact us for a free initial consultation regarding your options:

carol cook
Carol Cook — Head of Medical Negligence Department

Carol joined Oakwood Solicitors in May 2017 to lead the Medical Negligence department. She handles a wide range of Clinical and Dental Negligence claims and has a specialist interest in Birth Injuries.

Carol has years of experience in handling complex clinical and Dental Negligence claims securing substantial amounts of damages for her clients. Carol studied her law degree (LLB honours) at Salford University.

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