Orthopaedic Medical Negligence Claims
Every year the NHS pays out compensation claims to people who have been injured as a result of medical negligence. One of the most costly areas is orthopaedic claims, second only to obstetric/gynaecological claims.
What does orthopaedic mean?
The word 'orthopaedic' refers to the body's musculoskeletal system, including the bones, muscles, ligaments, tendons and nerves. An orthopaedic surgeon is responsible for diagnosing and treating conditions relating to the musculoskeletal system. This covers a huge range of problems, and often orthopaedic surgeons specialise in a particular area of orthopaedic medicine – such as hips, shoulders, wrists or the spine.
Some of the most common types of orthopaedic care are:
- Treating broken bones and fractures
- Treating dislocations
- Hip replacement surgery
- Knee arthroscopy and replacement surgery
- Bunion surgery
- Repairing torn/ruptured muscles, tendons and ligaments
- Treating compartment syndrome
- Degenerative spine/spinal deformity
Orthopaedic mistakes
These are just a few examples of the types of conditions orthopaedic surgeons deal with. There are many more, and mistakes can arise in any area of orthopaedic medicine.
Sometimes these errors cannot be considered negligent. Indeed, certain types of orthopaedic surgery can be very complex and complications can occur. Even with the most commonplace forms of orthopaedic surgery, there are risks that cannot always be avoided.
A patient does have to be warned about these risks before agreeing to medical treatment. If the patient is not in possession of all the facts before undergoing a procedure, he/she has not given their informed consent. If complications do happen and the patient has not been properly consented, there could be grounds for a medical negligence claim.
Orthopaedic claims
There are also times when mistakes occur because the orthopaedic care has fallen below an acceptable standard. The standard is judged against what is considered reasonable by a body of orthopaedic surgeons. For example, if an orthopaedic specialist fails to diagnose a fracture, it must be considered whether other orthopaedic specialists would also have failed to diagnose the fracture. If not, the mistake will amount to a breach of duty, where the clinician has provided the patient with a substandard level of care.
Establishing a breach of duty is the first step towards making a medical negligence claim. The second step is to show that this breach of duty caused the patient harm that would not have otherwise been suffered. Following on from the example above, it may be that had a patient's fracture been diagnosed and treated straight away, he/she would have required a plaster cast and would then have regained normal function. But due to the delay, an operation was needed to reset the bone, and even with invasive treatment the outcome was poor. It could therefore be argued that had it not been for the mistakes, the patient would not have needed surgery and would not have been left with ongoing problems.
Examples of orthopaedic claims
Examples of orthopaedic claims include:
Fractured bones
- Scaphoid fractures in the wrist – different x-ray angles are needed to diagnose the break. If these are not done, it could be deemed negligent. The same applies if the fracture cannot be seen but the patient is not asked to return in two weeks for a follow-up to check there is not a fracture.
- Posterior fractures sustained during a shoulder dislocation which are not diagnosed.
- Fractured collar bones – if the bone does not unite, surgery will be needed. Or if the union of the bone is very slow, the fracture must be monitored to check it is still improving.
- Failing to diagnose and treat Lisfranc fractures.
- Ankle fractures – missing an injury to the Talar Shift. Also missing an Achilles fracture because the correct tests are not carried out (particularly the Simmons test).
Spinal injuries
- Failing to diagnose and treat a dangerous spinal fracture which leaves the patient paralysed.
- Failing to diagnose and treat cauda equina syndrome, which is when the nerves are the base of the spine are compressed.
- Failing to diagnose and manage scoliosis in children.
Ruptures and tears
- Failing to diagnose and operate on a distal bicep tendon rupture.
- The rotator cuff in the shoulder – failing to operate within three months, leaving an irreparable injury.
- Poor outcome after ACL surgery because the femoral or tibial tunnel has been poorly positioned during surgery.
- Missed injuries to the medial or lateral meniscus, causing an ACL operation to fail.
Knee surgery
- Knee replacement surgery fails due to mix-and-match implants, mal-alignment and retained drains.
Hip surgery
- Hip replacement surgery fails due to the wrong-sized prosthesis, mal-alignment, wrong mix-and-match implants, leg length discrepancy and prosthesis put in at the wrong angle.
Nerve damage
- Cutting nerves during nerves – such as cutting the accessory nerve, the radial nerve, the popliteal nerve or axonotmesis.
Post-surgical care
- Failing to organise physiotherapy for injuries and/or post-surgically – for instance, for chronic rotator cuff injuries and after ACL surgery.
- Failing to diagnose and treat a wound infection.
Other
- Failing to consent a patient properly.
- Failing to diagnose and treat compartment syndrome.
- Not treating Charcot-diabetes foot quickly enough.
- Failing to prevent, diagnose or treat Deep Vein Thrombosis.
Talk to a solicitor
Whatever your experience, if you think that the orthopaedic care you received was substandard, you need to speak to a solicitor.
Medical negligence solicitors specialise in pursuing claims against the NHS and private healthcare providers. Speaking to a solicitor who works in this area of law is the best way to find out whether or not you are entitled to make a claim for compensation.
If you were subject to a breach of duty and it can be proved that this caused you unnecessary suffering, you will be able to make a claim if you would like to. A successful claim will see that you are awarded compensation for your physical/emotional pain, and for the financial damages incurred.
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