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Orthopaedic Claims
Suing the NHS or private healthcare providers for orthopaedic negligence
Get in touch for a free, no-obligation chat with our specialist clinical negligence solicitors.

Contact us for a free, no-obligation chat.
Call us on 0333 987 4161 or submit a form below.
What Counts as “Orthopaedic Negligence”?
Orthopaedic negligence occurs when treatment for bones, joints, ligaments, or muscles falls below an acceptable medical standard, leading to harm that could have been avoided. This might happen during surgery, diagnosis, or post-operative care.
Negligence in this field can result in serious complications such as chronic pain, permanent disability, or multiple revision surgeries. In some cases, basic errors like operating on the wrong site or delaying vital treatment can lead to lifelong consequences. Our specialist solicitors can assess whether your treatment was substandard and help you secure compensation for the pain you’ve endured and the financial loss you’ve incurred.
Common Types of Orthopaedic Negligence Claims
Most orthopaedic claims fall into one or more of the following categories:
- Surgical errors: This includes wrong-site surgery, poorly fitted implants or prosthetics, nerve damage during procedures, and the use of faulty or unsuitable equipment.
- Misdiagnosis or delayed diagnosis: Fractures, dislocations, or even tumours can be missed, resulting in worsening symptoms, prolonged pain, or the need for more invasive treatment later.
- Negligent post-operative care: Inadequate monitoring or aftercare can lead to preventable complications like infections, deep vein thrombosis (DVT), pressure sores, nerve or tissue damage from incorrect use of tourniquets
- Failure to gain informed consent: You may have a claim if you were not properly advised of the risks, alternatives, or potential outcomes before undergoing surgery.
- Paediatric orthopaedic negligence: Errors in diagnosing or treating injuries in children can affect long-term development, including uneven bone growth or joint deformity.
Claims may also arise where serious ‘red flag’ symptoms – such as signs of cauda equina syndrome – were not acted on in time, resulting in orthopaedic injury.
We will cover the costs unless we win your case.
No-win-no-fee
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Specialist negligence solicitors
No-win-no-fee
24/7 Support
Specialist negligence solicitors
Am I Eligible to Make a Claim?
To bring a successful claim, four key elements must usually be proven:
1
Duty of care
The healthcare provider had a legal responsibility to care for you.
2
Breach of duty
The care fell below acceptable medical standards.
3
Causation
The harm you suffered was a direct result of that substandard care.
4
Damage
You experienced physical, emotional, or financial harm as a consequence.
Is there a time limit?
You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.
Related Claims
Hip replacement surgery
Knee replacement surgery
Wrong-site surgery
Keyhole surgery
Other surgical errors
Nerve damage
Defective hip, knee & spine implants
Defective medical devices
Anaesthesia error claims
Hospital neglect
Your Questions Answered
What are the first steps if I think I’ve experienced orthopaedic negligence?
If you suspect your treatment was negligent, taking early action is important. Start by:
- Contacting a specialist solicitor, who can assess whether there’s a valid claim.
- Requesting your medical records, including X-rays and surgery notes.
- Writing down what happened, including symptoms, key dates, and any discussions with clinicians.
- Preserving any evidence, such as photographs of your injury or receipts for out-of-pocket costs.
You don’t need to know for certain that negligence occurred – that’s what we are here for.
Can I sue the NHS for orthopaedic negligence?
Yes – if you’ve been harmed due to negligent treatment by an NHS doctor, surgeon, or hospital team, you can make a claim. The process:
- Legal assessment: we will review your records and circumstances to confirm whether a claim is viable.
- Evidence gathering: including expert reports showing that the care you received fell below acceptable standards.
- Formal submission: your claim is lodged with NHS Resolution, which handles legal disputes involving NHS trusts.
- Negotiation or court proceedings, depending on whether the NHS admits fault or disputes liability.
Successful claims are funded through a central NHS pot – individual doctors are not personally liable.
Can I claim for nerve damage after orthopaedic surgery?
Yes – if the damage was avoidable and resulted from substandard care. Nerve injuries may arise due to:
- Poor surgical technique damaging nerves directly.
- Tourniquets used for too long, leading to tissue death.
- Injections administered in the wrong location or without proper care.
Nerve damage can result in serious, long-term symptoms including numbness, pain, muscle weakness, and mobility loss – all of which will be considered in your claim.
Can I make a claim on behalf of someone else?
Yes – if the person affected is unable to make the claim themselves, you can act as a litigation friend. This might be necessary in cases involving:
- Children (under the age of 18).
- Adults lacking mental capacity due to injury, illness, or cognitive impairment.
- Elderly individuals unable to manage legal matters independently.
As a litigation friend, you’ll make decisions in the claimant’s best interest and help liaise with solicitors. This ensures that vulnerable individuals don’t miss out on justice due to their inability to act on their own.
How much compensation could I receive?
Compensation aims to reflect both your pain and the financial impact of your injury. A typical claim includes:
- General damages: for pain, reduced quality of life, or lasting disability.
- Special damages: including loss of earnings (past and future), private physiotherapy or rehabilitation, equipment or mobility aids, house or vehicle adaptations, paid or unpaid care from family or professionals, travel, prescriptions, and incidental expenses.
Each case is assessed individually, with input from medical experts to ensure your claim reflects both immediate and long-term needs.
What if my orthopaedic surgery took place years ago?
You can still claim if you only recently became aware that negligence caused your injury. The three-year time limit typically begins when:
- A second opinion or expert confirms what went wrong.
- A revision surgery highlights avoidable damage.
- Your symptoms become clearly linked to past treatment.
This “date of knowledge” can extend your window to bring a claim, but time remains crucial – the earlier you act, the stronger your case can be.
Additional Resources
Who do you want to file a claim against?
Suing the NHS for negligence
Suing the hospital for negligence
Suing my GP for negligence
Suing my dentist for negligence
What’s the reason for your claim?
Suing for malpractice
Suing for misdiagnosis
Suing for delayed diagnosis
Suing for surgical negligence