Orthopaedic Claims

Who can bring an orthopaedic claim?
If you have suffered harm, or financial loss, as a result of negligent treatment, you may be able to make an orthopaedic claim irrespective of whether the treatment was provided under the NHS or on a private basis.

Hay & Kilner have acted for clients whose complaint relates to a range of orthopaedic claims including:

• Delay in diagnosis of fracture/dislocation
• Compartment syndrome
• Nerve injury during surgery
• Post-operative infection management
• Malpositioning of metalwork

Why choose Hay & Kilner?
Hay & Kilner’s team of specialised clinical negligence solicitors has recovered hundreds of thousands of pounds of compensation on behalf of their clients in respect of orthopaedic claims.

• Claimant awarded £8,000 in orthopaedic negligence claim
• Hip Dysplasia: Early Symptoms, Missed Diagnosis, and Potential Medical Negligence Claims

We provide a high-quality service and will take the time to get to know you and understand exactly what you have been through to get you the compensation you deserve for your orthopaedic injury. We represent clients in all areas of the North East and are happy to come out to see you at home if you ever have difficulty attending the office.

When to make an orthopaedic claim?
An Act of Parliament sets out time limits for bringing a clinical negligence/orthopaedic claim. Failure to issue proceedings within this time scale may mean that the orthopaedic claim is time barred and cannot proceed.

The Limitation Act provides that the time limit is three years from the date on which harm resulted from the allegedly negligent action; or, if later, the date when you became aware that you received negligent treatment.

In the case of minors that is for the people who are under the age of 18 years, the limitation period does not begin to run until their 18th birthday.

If the injured person is suffering from a mental disability the time limit does not start to run until mental capacity has returned. If mental capacity never returns then an action for damages can be started at any time in the future even though the primary 3-year limitation period may have expired.

Find out more about when to pursue an orthopaedic claim with our article Is it too late to bring a clinical negligence claim?

How much does it cost to make an orthopaedic claim?
There are several ways an orthopaedic claim can be funded; the most common being under a Conditional Fee Agreement on a ‘no win no fee’ basis. Read more about the different ways to fund your potential orthopaedic claim with our article No Win No Fee and other options for funding your medical negligence claim.

How long will an orthopaedic claim take?
Orthopaedic claims can take anywhere from a few months to a few years to reach a resolution. The likely timescale usually depends on the severity of your orthopaedic injuries and whether or not your doctor or other healthcare practitioner accepts responsibility for your injuries.

How do I start an orthopaedic claim?
If you think you may be entitled to compensation for an injury you have suffered, contact our team on 0191 232 8345 or using our online contact form and we will arrange an initial appointment to discuss your potential orthopaedic claim free of charge.