Orthopaedic injuries in children
If a child has suffered from orthopaedic negligence, special considerations need to be made. As children’s bones, joints and muscles are still developing, mistakes in diagnosis or treatment can cause long-lasting or even permanent problems. When making a medical negligence case, we therefore need to consider the impact on a child’s future.
Common orthopaedic injuries in children
Children are more prone to accidents, so some of the most common injuries in younger patients are fractures, dislocation and sprains. Meanwhile, orthopaedic conditions often seen in children include clubfoot, flat feet, scoliosis and developmental dysplasia of the hip. Most of these conditions can be managed with the right treatment; however, if errors are made, the consequences can be life-changing.
How negligence can arise
Orthopaedic negligence in children’s cases can occur when:
- A diagnosis is missed or delayed, eg. a fracture is not picked up on an X-ray
- Treatment is delayed or inappropriate, leading to deformity or mobility issues
- Surgical errors occur during corrective procedures
- Infections or complications are not managed properly after treatment
- A child is not referred to a specialist when they should have been.
Unfortunately, mistakes such as this do happen. An orthopaedic surgeon specialising in paediatrics has been suspended from Addenbrooke’s Hospital after investigations found that several operations fell “below expected standards”. A review of the consultant’s paediatric hip surgery cases found that some children’s quality of life had been affected, including their mobility. There is now a dedicated helpline for parents who are concerned about the treatment provided by the surgeon in question.
Why children’s cases are different
Children’s orthopaedic negligence claims differ from adult cases because their musculoskeletal systems are still growing, so errors in treatment can interfere with development. Consequences may not arise until years later, so independent medical experts will play a key role in advising on the future impact. Negligence can also affect a child’s education, social development and confidence.
The legal process
Legally, a child does not have capacity to participate in court proceedings, so a responsible adult (often a parent) acts on their behalf – this is called a litigation friend. In terms of time limits, the usual three-year limitation period does not apply until the child turns 18, so they have until their 21st birthday to make a claim. If a settlement is reached through negotiations or trial, the court must approve the award to ensure it is in the child’s best interests.
What compensation can cover
Compensation in children’s orthopaedic negligence cases is designed to address both immediate and long-term needs. It may cover:
- Pain and suffering
- Future loss of earnings if mobility or function is affected
- The cost of rehabilitation, physiotherapy, or specialist equipment
- Educational support or home adaptations
- Ongoing treatment or corrective surgery.
Seek early advice
Rehabilitation is often a vital part of recovery. Securing compensation can fund physiotherapy, occupational therapy and other support services to help children regain independence. It’s therefore essential to seek early legal advice so you can safeguard your child’s future.
Get in touch
We understand how devastating it can be to discover that your child may have suffered from substandard medical care. Our specialist Medical Negligence team can guide you through the process with sensitivity, working to secure the compensation your child deserves.
