Orthopaedic Claims

Mistakes that can happen with orthopaedic surgery

However, there are factors that may entitle a patient to compensation in orthopaedic claims, such as:

• substandard quality of surgery, for example, failing to check that a prosthesis is placed correctly;
• undue delay in diagnosis or treatment;
• substandard peri-operative care, for example, insertion of the wrong size implant;
• substandard placement of an implant;
• too much force being applied, leading to a fracture, or vulnerability to post-operative complications;
• too much bone, or other tissue being taken away;
• failure to prescribe or to give prescribed antibiotics during surgery;
• Joint replacement being carried out with standard joints for patients with complex joint issues;
• Failure to deal with joint instability of surrounding structures as well as joint replacement;
• the operation was not indicated, or the timing of the surgery was premature;
• adequate consent not obtained or patient not warned of specific risks;
• failure to treat infection issues quickly and effectively;
• and, finally, that defective products/prostheses had been used.

By way of example, there can be pressure to get into the operating theatre to deal with an acute injury, such as a traumatic fracture. However, it can be better to wait to operate, until soft tissues have settled down, to get a better result. In addition, it can be better to wait for a Consultant to be available to perform the operation, rather than a more junior surgeon.

Claims for failed hip surgery

We are presently pursuing a claim on behalf of a lady who has ended up in a wheelchair after hip replacement surgery. This is because surgeons failed to take out her hip replacement early enough when issues with infection arose. During the period of delay, she lost bone and soft tissue permanently. This now means that she cannot have a new hip joint put in and she will be permanently in a wheelchair.

Claims for tendonitis after hip surgery

We are also presently investigating cases of tendonitis suffered after hip replacement surgery (iliopsoas irritation). This can happen because the prosthesis is not placed deep enough into the socket and therefore is left to irritate the nearby tendon. It is a simple matter during surgery to check whether a prosthesis is sitting nicely in the socket. The surgeon simply has to run his finger around the area to check. If it’s not quite in the right position, it can then be easily removed and repositioned. This can avoid this unfortunate complication of orthopaedic surgery. There has recently been a successful claim that went all the way to a trial in Manchester on this issue and the Claimant succeeded.

For more detailed information on hip surgery claims, see our separate webpage here.

Claims for failed knee surgery

Please click to go to our detailed separate page on knee surgery claims.