Orthopaedic Claims

Orthopaedic claims can encompass treatment involving injuries to bones, tendons, ligaments joints and cartilage. Some examples of orthopaedic claims can include:

• A failure to diagnose a fracture when you first present with an injury
• Incorrect orthopaedic advice
• Poor surgical technique resulting in further surgery
• Delayed or incorrect surgery.

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 advise on the prospects of your case and whether you would be eligible to make 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.

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 18^th birthday.

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

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.

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.

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.

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.

For some examples of successful cases and claim amounts awarded, read the case studies featured here.