Common types of orthopaedic negligence claims

We know that the effects of an orthopaedic injury can be long-lasting, creating many challenges to your way of life. If your injury has been poorly cared for, the ramifications can be catastrophic. In this blog, we explore the most common types of orthopaedic negligence claims and demonstrate how these errors can affect someone’s daily life.

Examples of orthopaedic negligence

Every case of orthopaedic negligence is unique, but there are some common errors that we often encounter.

Missed fractures and diagnostic delays

When fractures are not identified at the first opportunity, patients can suffer unnecessary pain and worsening injuries. The optimal treatment window may be missed, which could lead to loss of function and/or cosmetic change.

Incorrect treatment

Examples of incorrect treatment include failing to immobilise a fracture or prescribing the wrong medication. These mistakes can compromise recovery and create long-term mobility issues.

Surgical error

Knee and hip replacements are major procedures that demand high levels of precision. Poorly performed surgery can leave patients with ongoing pain, reduced mobility and the need for further corrective surgery. Errors made during orthopaedic operations can also lead to nerve damage, causing permanent loss of sensation or function in limbs.

Inadequate aftercare

If post-operative care is not properly managed, patients may develop infections or suffer complications that could have been prevented with appropriate follow-up.

Failure to refer to a specialist

Sometimes, general practitioners or hospital doctors fail to escalate a case to an orthopaedic specialist in time. This can lead to delays in diagnosis and treatment, and poorer outcomes for the patient.

James’ story (a fictional case study)

James, a 46-year-old construction worker, sustained a shoulder injury while playing rugby. He attended A&E where an X-ray was taken, but the fracture in his shoulder was not spotted. He was discharged with advice to rest and use painkillers.

Over the next few weeks, James’ pain worsened. He returned to hospital several times before finally being referred to an orthopaedic specialist. By this stage, the fracture had started to heal incorrectly. James required major corrective surgery and several months of rehabilitation.

The injury and delay in treatment had a significant impact on James’ life. He was unable to work for almost a year, which put his family under financial pressure. Even after surgery, he was left with reduced mobility and ongoing pain that limited his ability to return to his physically demanding job.

James eventually sought legal advice. His claim for orthopaedic negligence helped him secure compensation for the pain he endured, his lost earnings and future medical needs.