Orthopaedic Negligence Claims

An orthopaedic injury can have a long-lasting impact on your strength, mobility and overall quality of life. If your injury was caused or made worse by medical negligence, you may be entitled to make an orthopaedic negligence claim for compensation.

Orthopaedic negligence occurs when medical professionals fail to uphold the standard of care expected of them, leading to avoidable pain and suffering. This could involve a misdiagnosis, delayed diagnosis, surgical error or poor post-operative care.

If you or a loved one suffered orthopaedic medical negligence, our team of specialist solicitors are here to help. They can assess your situation, advise you on your compensation rights and guide you through the claims process.

To get started, call 0800 470 0474 today for a free consultation or request a call back.

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Table of Contents

• What is orthopaedic negligence?
• Am I eligible to make an orthopaedic negligence claim?
• How do I claim orthopaedic medical negligence?
• What evidence do I need to support my compensation claim?
• How should an orthopaedic injury be diagnosed and treated?
• What are the most common types of orthopaedic negligence?
• What could be the consequences of negligent orthopaedics?
• Can I claim compensation on behalf of my child?
• How much compensation for orthopaedic negligence?
• Is there a time limit to make an orthopaedic injury claim?
• How much will an orthopaedic claim cost?

What is orthopaedic negligence?

All healthcare professionals, including orthopaedic doctors and medical staff, owe a legal duty of care to their patients and are expected to:

• Properly diagnose and treat musculoskeletal issues.
• Order all necessary diagnostic tests and interpret them correctly.
• Make specialist referrals when necessary.
• Obtain informed consent from patients.
• Provide thorough post-operative care.
• Keep accurate and detailed medical records.

A breach of any of these duties resulting in muscle, bone, ligament, or tendon injuries that could have been avoided can be deemed medical negligence, allowing you to make a claim for compensation.

Am I eligible to make an orthopaedic negligence claim?

Negligent treatment of an orthopaedic injury can have serious, sometimes life-changing effects on a patient’s life. However, to be able to proceed with a medical negligence claim, the following must be established and supported with evidence:

• A healthcare professional owed you a legal duty of care (which automatically applies when you become their patient).
• They breached this duty by failing to diagnose your injury or by some other type of medical negligence.
• Their substandard care directly caused or led to the worsening of your injury.
• This has caused you pain, suffering and financial losses.
• You are within the legal time limit for making a claim (usually 3 years).

A personal injury solicitor can assess your eligibility to make an orthopaedic negligence claim during a free conversation over the phone and advise you on your legal options.

How do I claim orthopaedic medical negligence?

The process of making a claim for orthopaedic clinical negligence is usually straightforward and involves the following steps:

• A free consultation with a specialist solicitor who will assess your case and determine whether you have grounds to bring a claim.
• Gathering supporting evidence, such as medical records and independent medical reports.
• Sending a formal letter of claim to your healthcare provider detailing the alleged negligence and the compensation you seek.
• If negligence is admitted, your solicitor will negotiate a fair compensation amount.
• If negligence is denied or negotiations fail, your solicitor will prepare to go to court, although most claims (over 97%) are settled before the trial date.
• If you make a successful orthopaedic claim, you will receive your compensation within four weeks.

What evidence do I need to support my compensation claim?

Substantial evidence is essential to prove negligent orthopaedic care and secure compensation for your pain and suffering. This may include:

• Copies of your medical records, doctor’s notes and X-rays.
• Independent medical reports assessing the standard of care you received and its long-term impact.
• Photographs of your injury or surgical site, if applicable.
• Witness statements from family or healthcare staff.
• Your testimony about how everything happened and how your life was affected.
• Correspondence with the hospital or clinic, including official complaints and the answers you received.
• Receipts, payslips and other documents showing financial losses, such as time off work or treatment costs.

Your solicitor will help gather and organise the evidence you need to build the strongest claim possible.

How should an orthopaedic injury be diagnosed and treated?

Your doctor must be diligent in investigating your symptoms and diagnosing an orthopaedic injury. They should:

• Take your medical history and ask you about your symptoms and how the injury occurred.
• Conduct a physical exam to assess mobility, range of motion, pain levels, swelling and bruising.
• Order imaging tests, such as X-rays, CT scans, or MRI scans, to confirm fractures, ligament tears, or other internal damage.
• Make a specialist referral, if necessary, such as to a trauma specialist or paediatric surgeon.

Once the injury is correctly diagnosed, the doctor should determine the correct treatment to make the best recovery. This could include:

• Immobilisation of the affected area with a cast, splint or brace.
• The R.I.C.E. method of home treatment for mild injuries (rest, ice, compression, elevation).
• Medication to manage pain and swelling.
• Surgery may be necessary for severe fractures or ligament tears.
• Physical therapy and rehabilitation to regain strength and flexibility once the injury has healed.

If mistakes are made at any time during diagnosis or treatment, resulting in a worse outcome or a new injury, an experienced solicitor could help you claim compensation.

What are the most common types of orthopaedic negligence?

Orthopaedic negligence can occur at any stage of diagnosis, treatment, or rehabilitation. Some of the most common examples include:

• Missed or delayed diagnosis of fractures.
• Failing to refer the patient to a specialist.
• Incorrect treatment of fractures, such as failing to align a bone properly.
• Performing surgery on the wrong body part.
• Incorrectly fitted hardware or implants.
• Faulty knee or hip replacement surgery.
• Unnecessary surgery for a fracture that would have healed with a plaster cast.
• Damage to nerves during surgery.
• Poor care after surgery that results in complications.
• Failing to obtain informed consent before proceeding with surgery.
• Anaesthetic and medication errors during treatment.

If you have been affected by any of these or other types of negligence, do not hesitate to seek legal advice to find out if you are entitled to compensation.

What could be the consequences of negligent orthopaedics?

Common outcomes of orthopaedic surgery negligence include:

• Chronic pain and discomfort due to poorly treated fractures or joint injuries.
• Loss of mobility, difficulty walking or reduced range of motion.
• Loss of function of a limb and permanent disability.
• Visible scarring, deformities or misalignment.
• Joint degeneration and early-onset arthritis.
• The need for further surgeries or other treatments.
• Prolonged healing time, which may affect work, education or your daily life.
• Emotional and psychological injuries, such as anxiety and depression.

Your orthopaedic compensation claim will reflect the type and severity of the consequences suffered because of the negligence.

Can I claim compensation on behalf of my child?

Child medical negligence claims in orthopaedics, such as missed fractures after playground or sports injuries, can have a profound impact. This includes impaired bone growth, reduced mobility, chronic pain, developmental delays and an emotional impact.

When this happens, parents and legal guardians can make a personal injury claim on behalf of a child under the age of 18. To represent a child, the court must first appoint you as their litigation friend. The process is straightforward, and your solicitor will help you fill in and file the necessary documents.

Read more: Child injury compensation claims.

How much compensation for orthopaedic negligence?

An orthopaedic negligence compensation claim aims to put you back in the position you would have been in had the negligence not occurred.

Thus, the amount of compensation you can claim will depend on the severity of your injury and its impact on your life. This will be carefully calculated based on two types of damages:

• General damages for pain, suffering and loss of amenity.
• Special damages for lost income, care costs, private treatments and other related financial expenses.

According to the Judicial College guidelines, you could receive:

• £6,020 to £13,740 for a knee injury resulting in ongoing minor symptoms.
• £12,650 to £25,850 for elbow injuries resulting in some long-term problems.
• £10,040 to £31,220 for severe wrist injuries causing long-term pain or disability.
• Up to £69,700 for very severe ankle injuries resulting in permanent loss of mobility.
• £52,500 to £78,400 for a severe hip injury that may cause permanent, debilitating problems.

Is there a time limit to make an orthopaedic injury claim?

Yes. You generally have three years from the date of negligence to start a claim for compensation. In medical negligence cases, however, the three years typically begin from when the injury is discovered and linked to negligent care.

There are a few exceptions to this rule under the Limitation Act 1980, related to claims on behalf of children and individuals lacking mental capacity. You can read more about these here: How long do I have to start a personal injury claim?

How much will an orthopaedic claim cost?

If you can proceed with a claim, our team of medical negligence solicitors will be happy to represent you under a conditional fee agreement, also known as no win no fee. Making a no win no fee claim means that:

• You do not have to pay anything upfront for legal representation.
• If you lose, you don’t pay anything to your solicitor, so there is no financial risk.
• If you win, they will deduct a pre-agreed percentage of your compensation (capped at 25%) as their success fee.

If you believe you may have a valid orthopaedic medical negligence claim, contact us for a free, no-obligation case assessment. You can call 0800 470 0474 today or use our online contact form to request a call back.

Last edited on 30th Nov 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.