The claims process for orthopaedic medical negligence
If you have suffered an orthopaedic injury because of negligent medical care, you may have grounds for a claim. We understand that the idea of taking legal action can feel daunting, especially when you’re already dealing with pain and other changes to your life. This guide breaks down the claim process, so you know what to expect along the way.
When you can claim
To make a successful claim for orthopaedic negligence, it’s crucial to demonstrate that:
- The healthcare professional’s actions or inactions fell below the accepted standard of care
- This substandard care directly caused or worsened the patient’s orthopaedic injury
- The patient suffered harm or injury as a result.
The step-by-step process
- Seek legal advice
The first step is to speak with a solicitor who specialises in medical negligence. Attwaters Solicitors provides a free initial consultation where we advise if you have grounds to pursue a claim.
- Time limits
The general rule is that you have three years to issue a clinical negligence claim. This limitation period begins either on the day of the negligent treatment or the date that you first became aware that something went wrong. For children, the time limit is three years after they turn 18.
- Gathering medical evidence
We will obtain your medical records by submitting a Subject Access Request to the relevant healthcare providers. We will then review the records and advise you if there are sufficient prospects of success before we are able to obtain medical evidence.
- Expert reports
We will instruct an independent medical expert to review your records. They will have expertise in this particular medical field, providing an unbiased opinion on whether your healthcare provider breached their duty of care.
- Letter of claim
Once we have thoroughly reviewed the case, we will send a formal letter to the defendant (usually a healthcare institution or specific practitioner). This will include a breakdown of events giving rise to the claim, the harm you have suffered and the allegations of negligence.
- Defendant’s response
The healthcare provider will have a deadline for responding, either by denying or accepting responsibility.
- Negotiation or litigation
If the defendant accepts liability, we can start negotiations to settle the claim, ensuring you receive maximum compensation. If they do not admit responsibility, we may need to start court proceedings. However, most medical negligence claims are settled before reaching a full trial.
Types of damages
General damages are awarded as compensation for the pain and suffering caused by the negligent care. Special damages cover the expenses incurred as a result of the substandard treatment. This may include care costs, prescriptions, further treatment and loss of earnings. The aim of special damages is to return you to the financial position you were in before the orthopaedic injury.
Funding your claim
If we believe that your case is sufficiently strong, we will clearly explain the ways in which the legal costs can be covered. We usually work on a ‘no win, no fee’ basis, meaning you don’t need to worry about the cost if your claim is unsuccessful.
How we support you
We know that you are already going through a difficult time. That’s why we take care of everything for you, acting on your behalf from beginning to end. We will clearly explain the process and keep you updated at every step, using jargon-free language. Our experts will handle all communication with the defendant’s representatives and negotiate to secure fair compensation for you.
