How To Claim Orthopaedic Injury Compensation

How To Claim Orthopaedic Injury Compensation

How To Claim Orthopaedic Injury Compensation

This article will show you how to make a claim for orthopaedic injury compensation. You could claim compensation for an orthopaedic injury if another party that owed you a duty of care acted negligently. Therefore the party caused an accident that injured you. On the other hand, you can claim if your existing orthopaedic injury was worsened by medical negligence.

Orthopaedic injuries can be painful and debilitating. Some injuries can harm the injured person’s quality of life. So, if you wish to claim for an orthopaedic injury, please get in touch with Public Interest Lawyers today. Our panel of solicitors can handle your case if you have adequate evidence to support your claim.

Please contact our team:

  • Call 0800 408 7825 to speak to a claims specialist
  • Please fill out our online claims form to contact us
  • Or you can use the Advice widget to web chat with an advisor

Select A Section

  1. What Are Orthopaedic Injuries?
  2. What Are Common Orthopaedic Injuries?
  3. How Are Orthopaedic Injuries Diagnosed And Treated?
  4. When Could You Claim For Orthopaedic Medical Negligence?
  5. Orthopaedic Injury Compensation Settlements
  6. Begin Your Orthopaedic Injury Compensation Claim

What Are Orthopaedic Injuries?

You may wonder what orthopaedic injuries mean in medical terms. An orthopaedic injury is an injury to the musculoskeletal system. Including injuries to the following:

  • Ligaments and tendons
  • Bones
  • Muscles
  • Joints
  • Occasionally your nerves

In the UK, you can claim for an orthopaedic injury under the following circumstances. Firstly, another party owed you a duty of care, which means they were responsible for your health and safety. The other party could have been an employer, a driver on the roads or the occupier of a space such as a shop or a restaurant.

After that, you will need to provide evidence that the other party acted negligently and therefore breached their duty of care. And consequently, the accident led to an orthopaedic injury. If you believe another party owes you orthopaedic injury compensation, please get in touch with Public Interest Lawyers so an advisor can assess your claim.

What Are Common Orthopaedic Injuries?

Some of the most common orthopaedic injuries include the following:

Statistics On Admission To Hospital For A Broken Bone

According to NHS Digital, during the year 2016-17, the following numbers of people were admitted to the hospital with a broken bone:

  • 41,761 hospital admissions had a fracture of the skull or facial bones.
  • 8,046 people went to the hospital with a fracture of the neck.
  • 33,582 hospital admissions had ribs, sternum and thoracic spine fractures.
  • 46,304 people went to the hospital with an upper arm or shoulder fracture.

How Are Orthopaedic Injuries Diagnosed And Treated?

Orthopaedic doctors will normally diagnose broken or fractured bones by looking for symptoms. Then the doctors will carry out diagnostic tests such as x-rays or CAT scans.

If a doctor misdiagnoses a fracture, the patient won’t receive the correct treatment promptly. Therefore an undiagnosed fracture can mean the patient experiences unnecessary pain or suffers unnecessary complications, such as developing osteoarthritis.

Normally doctors can diagnose a soft tissue injury by examining the patient. Sometimes a doctor may use a CAT-scan or other diagnostic tests to rule out other injuries. A soft tissue injury may require physiotherapy or surgery.

When Could You Claim For Orthopaedic Medical Negligence?

All medical practitioners, such as doctors and surgeons, owe their patients a duty of care. Therefore the practitioner should provide patients with the required standard of care expected within their profession. Medical negligence is substandard medical care. Orthopaedic medical negligence can mean that a patient’s injuries worsen or they experience new injuries.

Examples of substandard care in orthopaedics:

  • A doctor misses a fracture because they fail to perform the necessary diagnostic tests.
  • Negligence in orthopaedic surgery happens; for example, the surgeon operates on the wrong part of the body.
  • A fracture is incorrectly diagnosed as a soft tissue injury because the x-ray is read wrongly.

Requirements To Claim For Medical Negligence

To claim compensation for medical negligence in orthopaedics, you will need to prove the following:

  • A medical practitioner treated you. Therefore they owed you a duty of care.
  • The medical practitioner acted negligently. So subsequently, their duty of care was breached.
  • You experienced an illness or injury, or your medical condition worsened.

Orthopaedic Injury Compensation Settlements

If you win your claim for orthopaedic injury compensation, you can receive up to two heads of claim:

  • General damage payments for the physical and mental harm caused by your injuries.
  • Special damage payments to cover unavoidable expenses related to your injuries. For example, if you become disabled, you can receive funds to pay for mobility equipment.

You can use this table to predict what general damage payment you can receive if your claim succeeds. We referred to the latest edition of the Judicial College’s compensation guidelines to create the contents of the table. Solicitors often use the guidelines to value injury claims. But, they are not guaranteed payments.

Injury Notes Compensation Brackets
Knee Injury – Severe (a) (ii) Fractures in the leg which further extend into the knee joint. The person could suffer constant pain and may find their movement is limited. £52,120 to £69,730
Knee Injury – Severe (a) (iii) The injury will be less severe than the above category, and will result in a lesser disability. £26,190 to £43,460
Knee Injury – Moderate (b) (i) Injuries to the knee such as torn cartilage or meniscus, dislocations or other injuries leading to minor instability. £14,840 to £26,190
Wrist Injury (a) The person loses function in their wrist. £47,620 to £59,860
Wrist Injury (b) A wrist injury which results in permanent, significant disability. £24,500 to £39,170
Elbow Injury – Severe (a) An injury to the elbow which is severe and disabling. £39,170 to £54,830
Elbow Injury – Less Severe Injuries (b) Elbow injuries which impair the joints function. The injury does not cause significant disability. £15,650 to £32,010
Ankle Injury – Severe (b) Injuries which require extensive treatment periods or a long period of time in plaster. £31,310 to £50,060
Ankle Injury – Moderate (c) Injuries causing less severe disabilities. The injury could be a fracture or a torn ligament. £13,740 to £26,590
Achilles Tendon Injury – Moderate (c) An injury which involves a partial tendon rupture or significant tendon injury. £12,590 to £21,070

 

Please call our helpline to see what your claim could be valued at. The table excludes special damages.

Begin Your Orthopaedic Injury Compensation Claim

You might have suffered a broken bone, soft tissue injury or any other type of musculoskeletal injury because another party acted negligently.

Please speak to our team today to see if you can claim compensation. We work with a skilled panel of No Win No Fee solicitors, and we can appoint a solicitor to handle your claim. What’s more, the lawyer can manage your claim as a No Win No Fee case.

Claimants who work with a No Win No Fee solicitor benefit from not paying a solicitor’s fee prior to the claim. A success fee payment is deducted from your compensation payment if you win. Under The Conditional Fee Agreements Order 2013, your success fee is capped.

Please reach out to Public Interest Lawyers to see if you can start your claim:

  • Call 0800 408 7825 to speak to a claims specialist
  • You can contact us online via our website
  • Or enter a question for the team into the chat widget below

Guides Related To Orthopaedic Injury Compensation Claims

£25,000 Compensation Payout For A Broken Cheekbone

£15,000 Compensation Payout For A Dislocated Shoulder

Herniated Disc Compensation Amounts

Broken collarbone – an NHS guide

Living with arthritis – an NHS guide

How to raise your concerns about a doctor – advice from the General Medical Council

Thank you for taking the time to read our guide to claiming orthopaedic injury compensation.