Oakwood Solicitors

Orthopaedic Claims

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What is Orthopaedic Negligence?

The musculoskeletal system is made up of the bones, joints, tendons, ligaments and muscles. Orthopaedic Consultants and surgeons specialise in treating the musculoskeletal system through conservative management, surgical intervention, pain management and rehabilitation.

However as with any medical treatment mistakes can be made and when they are, it is the patient that suffers.   The harm caused as a result of orthopaedic negligence can range from a prolonged period of pain and suffering, prolonged recovery time, having to undergo additional surgery to more life-changing consequences such as paralysis and death.

Orthopaedic Claims


Examples of Orthopaedic Negligence

There are a number of areas of orthopaedic treatment that can result in medical mistakes.   This list is non-exhaustive and includes the most common areas where issues arise:

  • Hip Replacement Surgery
  • Knee Replacement Surgery
  • Elbow replacement Surgery
  • Back and Spine Surgery
  • Foot and Ankle Surgery
  • Cauda Equina Syndrome
  • Unnecessary surgery
  • Incorrect surgery
  • Failure to diagnose a broken bone
  • Nerve damage
  • Damage to the circulation
  • Achilles Tendon treatment
  • Ligament reconstruction
  • Carpal Tunnel Release
  • Compression Syndrome

How do I make a claim?

If you feel you have suffered as a result of the care provided in relation to your orthopaedic injury, you may be entitled to compensation. Our experienced Clinical Negligence team is on hand to provide free initial advice on the prospects of success for your case, and whether you will be eligible to bring about a claim.

You have three years from the date the negligence occurred or the date you became aware negligence had occurred to bring about a claim, so do not delay.



How long will my case take to run?

Given the complexities involved in pursuing Clinical Negligence claims, 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.

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:

General damages – An award of money for the pain and suffering you have endured as a result of the negligence.

Special damages – An award of money for all of 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, 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 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 the same 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 you are successful with your claim.

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Why use Oakwood Solicitors Ltd to make your Medical Negligence case?

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 negligence.

We want to ensure at Oakwood Solicitors that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and to allow the claims procedure to be as transparent as possible. Read some of our case studies below to see how we’ve represented others in such matters.

Case Studies

Displaced Intracapsular Fracture – Case Study

Hand Injury – Case Study

Severed Hand – Case Study

Ulcer and Sepsis – Case Study


For assistance in escalating Orthopaedic claims for negligence, get in touch today for a free initial consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.

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Hip Replacements

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Hip Resurfacing

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Partial Knee Replacement

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Total or Full Knee Replacement

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