With an increasing number of orthopaedic injuries each year and over 70,000 hip fractures annually, hospitals are under pressure both to get the treatment right and to free up space quickly for the next patient. Unfortunately things do not always go to plan and problems arising from orthopaedic treatment are increasing.  

We have considerable expertise in orthopaedic cases. Susan Booker and Carolyn Lowe have particular interest in this area including cases involving:  

• Delay in diagnosis of fracture
• Problems arising during hip, knee or elbow replacement
• Wrong site surgery
• Lack of consent to surgery
• Post operative infection
• Delay in diagnosis of congenital hip dysplasia/developmental hip dysplasia
• Equipment malfunction
• Nerve damage
• Incorrect size of prosthesis  

As with most clinical negligence claims, problems arising from orthopaedic treatment are complicated by pre-existing medical problems or non-negligent injury that requires medical treatment.  

What you need to show in order to have a successful claim

You will need to show that the treatment that you received was substandard and that this has had an adverse impact on your recovery.    

What you can claim  

If you are able to prove your case, you will be able to claim compensation for your pain, suffering and loss of quality of life due to the negligence.  

In addition you may be able to claim:  

• Loss of earnings  
• Care – by paid carers, or provided by friends and family. You may also be able to claim for care that you require in the future  
• Future treatment costs      

Examples of some of our cases:

Problems arising from total hip replacement

Mr W underwent hip replacements on both hips, in separate operations. On each occasion he was led to believe that he was having a total hip replacement.  

Mr W continued to suffer from problems with his hips and required several operations over the following years.  

The claim succeeded because Mr W understood that he was having a total hip replacement but in fact the surgeon used a different type of replacement which was not suitable for him. Had Mr W had a total hip replacement, he would not have developed complications and would have avoided the further surgery.  

The claim settled for £165,000.    

Delay in diagnosis of fractured ankle

Mr P injured his ankle and went to the Accident & Emergency Department. He was told that he had suffered a torn ligament and his leg was put in a full plaster.  The following week the plaster cast was removed and replaced with a tubigrip.  

Mr P’s symptoms did not improve. He had an MRI scan which confirmed that he was suffering from a broken fibula and diastasis of his ankle, which had not been noticed when he first attended hospital.  

Mr P required major ankle reconstruction surgery. Although he would have needed surgery even if the fracture had been recognised immediately, he would have made a quicker and better recovery if he had received the correct treatment at the outset.  

Settlement was achieved in the sum of £19,000.    

Equipment failure during orthopaedic procedure

Mr H was admitted to hospital for a left talar ankle fusion and left ankle replacement.  During surgery a piece of equipment exploded into his ankle driving metal particles into the surrounding tissue.  

The claim settled for £12,000.  

C  v Portsmouth Hospitals NHS Trust (2008)

This claim involves delay in diagnosis of developmental hip dysplasia.  

It was alleged that C’s condition should have been diagnosed soon after she was born; however, her hip problem was not recognised for over a year.  

As a result of the delay in diagnosis, C required an arthrogram and closed reduction. Following this, she remained in a plaster cast for 12 weeks. Had C’s condition been identified at birth she would have only needed to wear a splint for 6 – 8 weeks.  

C made a very good recovery from her injury. She was left with very slight weakness of her left leg.  

Settlement was achieved in the sum of £10,000.