Category: Family

Orthopaedic surgery negligence: do you have a claim?

Orthopaedics is a common area of medicine where medical negligence claims are brought. If you’ve recently had orthopaedic treatment and are less than happy with the result, you may be wondering if you are entitled to claim for damages.

What constitutes ‘orthopaedics’?

The field of orthopaedics includes anything to do with treatments for injuries and conditions affecting the musculoskeletal system, specifically the following:

• bones
• tendons
• joints
• muscles
• ligaments
• cartilage

Common conditions that are dealt with by orthopaedic surgeons include:

• fractures
• hip replacements
• spinal injuries
• knee replacements
• bone tumours
• bone infections
• congenital birth defects

Although the majority of treatments that are carried out are successful, all operations and procedures carry an element of risk. Errors do occur, which can have a massively detrimental effect on a patient’s life, causing pain and suffering, and even preventing them from working.

Common errors in orthopaedics

There are a number of common failings that can lead to long-term health issues for which you may be entitled to claim compensation.

1. X-rays and scans can sometimes be misread. This can lead to a delay in your treatment, potentially meaning long-term problems as conditions get worse.

2. The failure to spot a fracture during an initial consultation can lead to ongoing pain and potentially poor healing of the bone, resulting in the need for more surgery to correct the problem.

3. Poor husbandry whilst on the orthopaedic ward can result in infection post-surgery. This could potentially be life-threatening if the infection is not treated quickly enough.

4. If prosthesis is required following amputation, it must fit correctly. If the prosthetics are not fitted correctly, this can lead to pain and ongoing problems with mobility.

What can you claim compensation for?

You could suffer financially if you have been unable to work since your treatment. This applies whether you’ve had to miss work for a few months or whether you can never work again. Your claim in these circumstances would be for ‘loss of earnings’.

Psychological damages can be claimed, for example if you have suffered depression as a result of malpractice that has left you partially paralysed and requiring adaptations to your home.

You can make a claim for physical suffering if your treatment has left you in continual pain or if you suffered pain unnecessarily for a prolonged period of time, due to the practitioner’s negligence.

If any of this sounds familiar, consultation with experienced direct access barristers should be your next course of action.

Get expert legal help

If you think that you have suffered as a result of medically negligent orthopaedic treatment, a direct access barrister could help you make a successful claim. To find out how our experienced barristers could help, contact us today.

Can I go direct to a barrister for family court?

When family court is involved, there is a good chance you are a parent or representing a child. Or, perhaps you are trying to sort through the financial minefield of a separation, or obtain an injunction of some sort?

All of which are highly sensitive and emotional issues.

This can make finding the right legal help even more important.

For many people in this situation, that means working with a direct access barrister. Someone trained and experienced in providing family law advocacy services.

Advantages of a family law public access barrister

Using a public access barrister puts you directly in front of the person who will represent you in any legal proceedings. You will be able to establish a relationship of trust and communication with them, knowing that they will be the ones speaking on your behalf.

Issues such as domestic violence, custody of children and financial settlements can be discussed openly with the person who will pick out the transient facts and present them in court on your behalf.

This is also someone who specialises in this particular sector of the law. Family barristers approach their work from a position of in-depth knowledge and understanding, as opposed to a more general appreciation of the law.

They spend the bulk of their time in court, so they are familiar with the mechanisms and subtleties of presenting legal arguments in that setting.

Flexibility and customer care in discussing family law

Many family barristers are self-employed, rather than working within a legal practice. This provides a more versatile approach to both consultation arrangements and costs.

You could even instruct and work with a family barrister anywhere in the UK. Many offer opportunities for private video conferencing too so you don’t always need to appear at meetings in person.

Lastly, keep in mind that solicitors – in specialist or complex cases – would turn to a barrister for assistance.

If your legal proceedings are of a particularly desperate or upsetting nature, approaching a public access barrister means that you are going direct to someone that solicitors trust and consult with.

Use our website to find the right match and to obtain insights into the costs involved with direct access family barristers.