Orthopaedic Negligence Claims
Suffered harm from orthopaedic negligence? Claim the compensation you deserve
Osbornes Law's expert medical negligence solicitors specialise in orthopaedic negligence claims, offering free consultations and no win no fee agreements.
Call 020 7485 8811 today to discuss your case.
“Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.”
“Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.”
At Osbornes Law, our AvMA-accredited orthopaedic negligence solicitors support those affected by medical mistakes like missed fractures, incorrect surgery, and implant failures, offering no win no fee agreements. With specialists recovering millions in high-value cases, we fight for the justice you deserve.
Table of Contents
What is orthopaedic negligence?
Orthopaedic negligence occurs when mistakes are made in the diagnosis, treatment, or surgery of these conditions, and a patient is harmed as a result. Errors can range from missed fractures and delayed diagnoses to surgical complications and the use of incorrect implants.
Orthopaedic medicine focuses on treating conditions affecting the bones, joints, muscles and ligaments. The nature of orthopaedic work falls into two main categories:
- Trauma, which includes fractures and dislocations
- Other conditions such as infection, tumours, degeneration and congenital problems
Orthopaedic surgeons often specialise further, for example in spinal surgery (including conditions such as Cauda Equina Syndrome), complex trauma or paediatric surgery.
Orthopaedic negligence claims vs orthopaedic injury claims
Orthopaedic injuries can arise in different ways, and the route to compensation depends on how the injury was caused. Understanding the difference between an orthopaedic injury claim and an orthopaedic negligence claim helps ensure your case is handled by the right legal specialists.
Orthopaedic injury claims usually relate to accidents, not medical treatment. These claims fall under personal injury law and are typically brought against a third party whose negligence caused the accident.
Orthopaedic negligence claims
Orthopaedic negligence claims arise when an injury is caused or made worse by substandard medical treatment. These claims are brought under medical negligence law and focus on whether the care you received fell below acceptable professional standards.
What are common types of orthopaedic negligence errors?
Orthopaedic surgeons can be prone to error. The Orthopaedic Error Index for hospitals aimed to provide the first national assessment of errors within orthopaedic surgery and trauma provides the statistics. 155 hospitals reported nearly 49,000 orthopaedic related patient safety incidents with varying degrees of harm: 70.5% no harm, 23.5% low harm, 5.4% moderate harm, 0.5% severe harm and 0.1% death.
Types of orthopaedic errors include:
- Missed or wrongly diagnosed fractures – diagnostic mistakes in orthopaedics are to a large extent due to misreading X-rays and missing fractures. The current organisation of orthopaedic cover in Accident and Emergency Departments means that junior doctors are usually first to review X-rays. This leads to a greater chance of misdiagnosis.
- Surgery on the wrong site or joint – you may be surprised to know that the incidence of wrong site errors is the highest in orthopaedic surgery, when compared to all specialities.
- Incorrectly fitted implants or hardware – at Osbornes Law we are acting for several clients who have suffered medical negligence caused by inappropriate screw length in corrective bone surgery which has led to pain and suffering, damage to nerve during orthopaedic surgery, incorrect surgical procedure which has led to long-term disability of the foot and mobility problems.
- Anaesthetic & medication errors – medication errors can occur both inside and outside the orthopaedic operating theatre.
- Nerve damage during surgery
- Delayed treatment leading to worsening symptoms
Real-world examples of orthopaedic negligence claims
Diagnostic errors
- The footballer, Jack Grealish, spoke out about playing with a fractured shin. The pain which radiated into his ankle and foot was ‘horrific.’ The team doctor gave him an injection to relieve the pain and he continued to play. It was not until the following morning when he went for a scan, that the fracture was diagnosed.
- Osbornes Senior Associate Josie Robinson recently settled a claim for £75,000 against Guy’s and St Thomas’ NHS Foundation Trust after a scaphoid fracture was missed at A&E. The 10-month diagnostic delay meant our client needed bone grafting surgery and a long course of hand therapy rather than the conservative cast treatment that would have been sufficient if the fracture had been caught at first presentation. Read the full case study.
- In another recent case, an otherwise fit and healthy woman who sustained a fractured femur while running was mis-diagnosed as having a pulled hamstring muscle. Despite severe pain and swelling and being unable to weight-bear, no X-rays were taken. When the fracture was finally discovered four days later, she underwent an operation to straighten her leg, but died on the table due to a cardiac arrest. Her traumatised family believe the delay in diagnosis contributed to her death and are currently awaiting the results of the inquest solicitors.
Equipment & implant failures
A report in the Health and Safety Journal published in February 2019, highlights a National Patient Safety Alert issued by NHS Improvement.
- There are concerns that thousands of patients received incorrect metal plate implants during their orthopaedic operation.
- X-rays across more than 140 trusts are to be reviewed in order to determine which patients had surgery with a metal plate for a long bone fracture since February 2018.
- The review was prompted after metal plates in two patients buckled. Patients with the wrong plate may require further surgery.
There were also reports that orthopaedic surgeons in a German hospital mistakenly implanted femoral components for total knee replacements without cement, even though the implants were designed to be used with cement. Of the 47 patients affected, 30 had to undergo revision surgery.
Wrong-site surgery
- In 2018, the British Medical Journal reported that a consultant orthopaedic surgeon was struck off the medical register when he operated on the wrong part of his patient’s knee and then falsified records to cover up his mistake.
- His patient, a 28-year-old footballer now suffers with severe disability of his knee as a consequence. The GMC panel chair said that the surgeon, ‘Demonstrated a flagrant disregard of his duty of care, both with regard to his clinical failure and with his attempt to conceal his error’.
Anaesthetic & medication errors
A paper produced by The Royal College of Surgeons outlines how anaesthetists working in orthopaedic surgery settings have made errors that resulted in successful litigation.
- Nearly £500,000 was awarded to patients due to medication errors committed by the anaesthetist, including one example where pure alcohol was injected in a nerve block procedure, instead of local anaesthetic.
- The authors also described how two cases of wrong-side nerve block resulted in compensation paid to the patients.
- In another case, when an anaesthetist shaved and prepared the wrong leg for knee arthroscopy, the patient was awarded £8,300 in compensation.
Can I claim for orthopaedic negligence?
You may be able to bring a claim for orthopaedic negligence if you’ve suffered harm due to mistakes made during diagnosis, surgery, or treatment of a bone, joint, or muscle condition.
To succeed in a claim, we will need to show that:
- a medical professional owed you a duty of care
- that duty was breached – for example, by misdiagnosis, a surgical error of incorrect equipment
- you suffered harm or loss as a result of the breach
Make an orthopaedic negligence claim
If you think that you may have suffered due to orthopaedic negligence, contact our specialist team of medical negligence solicitors for a confidential discussion. In order to prove negligence, there must have been a duty of care that was breached, and harm resulted as a consequence. Our team of specialists will advise you whether or not you have a viable claim for compensation and we will support you through the process.
Orthopaedic cases can occur in both NHS and private care; you can explore your options via NHS claims for negligence or private claims for negligence.
Why choose Osbornes Law for orthopaedic negligence claims?
Our team provides clear legal advice, compassionate support, and fights for the compensation you deserve. Osbornes Law has nearly 50 years of experience helping individuals with medical negligence claims, with solicitors accredited by AvMA (Action against Medical Accidents). We hold Law Society Clinical Negligence Accreditation, and the Solicitors Regulation Authority (SRA) regulates our solicitors. Ranked in The Legal 500 and Chambers UK for clinical negligence, including high-value orthopaedic cases, the firm maintains a Trustpilot ‘Excellent’ rating from over 1000 reviews commending professional service and outcomes. Specialists like Hugh Johnson, with 20 years recovering over £65 million, ensure expert handling of complex orthopaedic negligence from missed fractures to surgical errors.
What our clients say
We recently had the privilege of having Osbornes Law’s Elline Demetriou handle our clinical negligence claim. Besides always being minded to carefully explain the issues and our options as the case progressed, Elline was very much understanding of and sympathetic to our position behind the claim. Throughout the process, Elline was always patient, judicious and unwavering in her aim to navigate the claim to a successful conclusion for us – which she certainly achieved. A very positive experience. Read the client review on TrustPilot.
Our Promise to You
- We will review your potential claim by advising you on how to sue the NHS for negligence or other alternative procedure if your case does not relate to NHS care and treatment.
- We will not charge a fee for our time in reviewing your case.
- We can assist you with any issues that you may have regarding the complaints procedure or that you encounter in obtaining copies of your medical records.
- We will advise you of the course of action in respect of your case.
To speak with one of our solicitors, contact us by:
-
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
Contact us
Call us 020 7485 8811
For all new enquiries, please submit your details via the contact forms on our website. This will ensure your query reaches the right team and is handled promptly.
He also has a niche specialism in claims involving cauda equina syndrome.
Elline Demetriou is building a strong practice as a clinical negligence solicitor, handling a wide variety of cases including delayed diagnosis, surgical negligence and birth injuries.
Elline is always a pleasure to work with and always on top of complex cases.
Elline is a gifted lawyer and possesses a powerful combination of legal and medical skills, being tactically astute and having strong client care skills.
Elline is a delightful to work with and super reliable; you know she'll do a perfect job.
She advises on spinal injury claims.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment.
Jodi is passionate and balances that with the ability to see the right way to run a case from her first involvement.
Jodi is very knowledgeable, gets outstanding results for her clients, and is always available when assistance is required.
Jodi is an absolute star.
Hugh has particular strength handling issues of causation and informed consent.
Hugh Johnson advises on claims regarding failures to diagnose and manage spinal injuries, as well as failings in psychiatric care.
He thinks outside the box and is always thinking a step ahead of his opponent.
Hugh is utterly charming, highly empathetic and a first rate lawyer. He always comes in with good observations.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
The team has particular expertise in cases stemming from delays in diagnosis as well as surgical injury and wrongful birth claims.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
They are a very tight team. They're very friendly, helpful and obtain excellent results for clients.
A quality firm of solicitors with excellence at all levels of the team.
They know the law inside out and proactively work with counsel to drive cases forward. They are a go-to for complex claims.
Ben Posford, head of catastrophic injury, is well-known for spinal cord and cauda equina claims, including high-profile fatality work.
Josie Robinson brings 20 years of experience to the team, with specialist insight into pelvic mesh claims and maternal death cases.
Elline Demetriou supports the team on catastrophic injury cases and has a growing caseload in maternity and care home negligence.
Elline Demetriou is an up and coming associate. She is thorough and empathetic, with great client care skills.
Nicholas Leahy leads the firm’s inquests work and has developed a specialism in stillbirth and surgical fatality claims.
Nicholas Leahy is a very impressive associate. He is sharp and gets to the crux of the case quickly.
Jodi Newton is a fierce advocate for her clients and a very genuine person. She cares about each case.
Jodi Newton is fantastic. She's detail orientated and a really capable head of birth and paediatric negligence. She's a joy to work with.
Jodi Newton is particularly noted for her work on cerebral palsy and maternal injury claims.
Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.
I am always happy to get instructions from Osbornes. They have excellent quality work, the team knows exactly what they are doing and are a real pleasure to work with. Excellent legal knowledge.
The team has excellent leadership and provide an above and beyond service for their clients.
A close knit team with excellent knowledge and technical acumen across the board.
You get a real sense that they care about clients and each other, working together to get the best results.
The team works very well together as they are genuinely kind and friendly people.
Hugh's technical knowledge is superb.
He is excellent with very complex cases and their nuances.
I am very confident with Hugh representing me and always value his expertise and advice. He's always many steps ahead.
He is a master tactician and so on the ball; not a single thing goes under his radar. He really understands the medical side and is always thinking about how to achieve the best outcome for clients.
Hugh Johnson is fiendishly intelligent, with a laser sharp focus on the issues that matter.
Josie Robinson- very experienced, caring and professional. Excellent.
Elline Demetriou is one to watch for the future. She is determined and thoughtful, with a real dedication to her clients.
She is very tough, a real fighter, and drives a hard bargain for her clients. She has good judgment, and a good sense of the strengths and weaknesses of a case.
Jodi Newton is a passionate, hard-working and committed partner. She is excellent with clients, and gives absolutely 100% to all of her cases.
Nicholas Leahy - understands client needs very well, very responsive and proactive.
Jodi is very experienced and knowledgeable
It is a pleasure to work with Jodi. She has an excellent understanding of the issues and provides a good service.
Osbornes are always professional and diligent in respect of their clients.
Osbornes has an excellent depth of experience across the team.
Across the board, they are all a pleasure to work with. They always keep a pragmatic head and all have an eye on the best outcome for the client.
Jodi Newton - very hands on, gives every case her heart and soul
Jodi Newton is rapidly becoming the go-to partner for cerebral palsy cases. She has the determination to fight for her clients and is involved in some of the biggest cases at the moment.
Nicholas Leahy is a very safe pair of hands and really compassionate with clients. I expect great things from him in future.
Small but very effective and experienced team so every client benefits from the personal touch but also highly skilled litigation know-how. Capability of the team means they can handle all aspects of very complex cases as well as straightforward matters.
Ben Posford typically operates in the team’s spinal cord and cauda equina syndrome litigation.
Jodi Newton holds over 20 years of experience in birth and surgical injury cases, including those pertaining to cerebral palsy, negligent treatment of sepsis, and negligent A&E treatment.
The team frequently represents claimants in complex cognitive and spinal injury disputes, involving hypertensions, spinal fractures, as well as inadequate treatment of heart and blood diseases.
The team handles a host of complex maternal claims, including cognitive injuries as a result of delayed birth treatments, cerebral palsy, and vaginal mesh litigation.
Josie Robinson is fantastic with clients, very commercial and hugely experienced. Opponents respect her and she gets great results.
Osbornes is a very respected firm in the marketplace.
They handle really complex cases very well
The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
Jodi is really tenacious; she demands the best results and manages to secure them. She's got real drive and energy.
Jodi is passionate about what she does and is a good lawyer.
Jodi is very astute and compassionate.
Jodi Newton is passionate about her work and is a really creative lawyer, always trying to find practical and innovative solutions to problems encountered.
Jodi Newton is knowledgeable and well regarded.
Jodi Newton has specific expertise regarding birth negligence cases, including those which involve cerebral palsy and Erb’s palsy injuries.
Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.
Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions
A joy to work with and always 100% client focused at all times.
The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients
“The team is very quick and efficient in responding."
"Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."
Ben Posford leads the catastrophic injury team and regularly represents claimants in neurological injury and fatal accident claims. He also has a niche specialism in claims involving cauda equina syndrome.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment. She also advises on spinal injury claims.
"She is really wonderful in sensitively handling clients in extreme situations and is a real fighter."
"Jodi Newton is approachable and always has the client's best interest at heart."
‘They are ambitious for their clients and expect high standards from all who work with them.’
"Osbornes somehow combine the accessibility of a local firm, with the professional standards of a national or city outfit."
"I’ve been hugely impressed by Jodi Newton – she’s truly passionate about her cases and her clients, a real fighter and a star in the making."
"Jodi Newton has carved out a niche specialism in cerebral palsy and serious claims arising out of childbirth. She is so committed to her clients and their claims that she always gains and deserves their respect. A true specialist."
"Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none."
"Ben Posford’s particular expertise in this area focuses upon cauda equina claims, of which he is an undisputed powerhouse."
"Jodi Newton is a tenacious and intelligent fee earner. She fights tooth and nail for her clients and gains their trust and respect from the outset."
"Nicholas Leahy works extremely hard and understands the commercial sensitivities of clinical negligence litigation."
"Her persistence, perspicacity, determination and efficiency are simply outstanding, as are her legal, analytical and negotiating skills."
They are an excellent firm who achieve fantastic outcomes for their clients. They are also very prominent in injuries to those travelling to or from Europe. Multiple languages are spoken by the team.
This firm is responsive and efficient. Their rapidity in dealing with complications or hiccups is excellent.
Jodi Newton is brilliant – a very capable, experienced and empathetic solicitor who has experience of handling high value and complicated cases. I am working with her on a cerebral palsy case at the moment, in which she has obtained an admission of liability and a substantial interim payment. A first class addition to the team.
Really great clinical negligence practice, staffed by experienced practitioners who know how NHS Trusts work. They also build great rapport with clients.’
The team at Osbornes was recently strengthened by the arrival of 'experienced and empathetic' associate Jodi Newton. She joins a department noted for its expertise in delayed diagnosis and wrongful birth claims.
A stand-out solicitor with a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.
Excellent service from Osbornes throughout on a difficult clinical negligence claim. Nicholas Leahy who handled the claim was responsive and professional throughout, while also providing pragmatic advice and clear drafting.
Working with Osbornes Law was the best decision I could have made. Nick was really attentive to my issue and did a very thorough job. He truly made the process headache free! Highly recommend them.
Nick Leahy has been my Solicitor throughout this journey and has been absolutely amazing; kind, approachable and extremely supportive... Through some dogged determination by Nick we achieved our goal without having to go to trial. I cannot thank Nick, Stephanie and all of the team at Osbornes highly enough for achieving a very favourable settlement, the outcome of which will make a huge difference to myself and my family.
“The stand-out solicitor is Jodi Newton, who has a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.
"An excellent firm which achieves fantastic outcomes for clients."
Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.
The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Offers specialist expertise in cauda equina syndrome cases."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."
Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.
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