Orthopaedic Injury Claim *
Personal injury * as a result of medical negligence can come in many forms; a common form of which is an orthopaedic injury. An orthopaedic injury * is an injury that can affect a persons’ bones, joints and/or soft tissues such as muscles, tendons and ligaments. This type of personal injury can have a dramatic effect on a person’s life. It can stop them from being able to enjoy pastimes and activities they love which can also have a psychological impact on them as a result. In many cases an orthopaedic injury claim * will arise following an accident, for example, a car accident, accident at work, slip, trip and fall in a public place, but in some cases, a patient can suffer an orthopaedic injury as a result of medical negligence *.
In cases where a doctor has failed to provide the appropriate level of care to a patient and the patient suffers an injury, an orthopaedic medical negligence claim can arise as a result. Some examples of medical negligence * in the area of orthopaedics are:
- Failure or delay to perform an x-ray of a fracture
- Failure or delay to diagnose and treat a fracture
- Fractures not noticed on x-rays
- Inadequate repair of a fracture
- Problem arising following a hip, knee or elbow replacement
- Post-operative infection
- Nerve damage during surgery
- Lack of consent to the surgical procedure performed
- Equipment malfunction
- Errors during surgery
- Hip replacement where equipment was not fitted correctly
- Knee replacement where the equipment was not fitted correctly
While orthopaedic injuries * can be sustained in many different scenarios, here are some examples of common medical procedures which have led to an injury and medical negligence claim *:
- Shoulder Surgery
- Arm Surgery
- Hand Surgery
- Leg Surgery
- Ankle Surgery
- Foot Surgery
- Hip replacement procedures
- Hip Resurfacing
- Knee surgery (Knee replacement or other)
- Mismanagement of shoulder injuries
- Foot and ankle surgery
- Back and spine surgery
- Paediatric orthopedics
What legal remedies can I seek *?
1. Speak with a Medical Negligence Solicitor *
Speaking with a medical negligence solicitor as soon as possible after the surgery is imperative. Medical negligence is a very complex topic in Irish law and attempting to bring a claim forward without having spoken to a solicitor specialising in orthopaedic surgery claims may mean that you may miss a vital step of the process which could delay your claims procedure considerably.
2. Medical Records
In order to make an orthopaedic injury claim *, it must be established and proven that the injury sustained was caused by the medical negligence of the doctor that treated you. Therefore, after having spoken with you about your case, your solicitor will then request access to your medical records.
At this stage, the solicitor will have your medical record assessed by an independent orthopaedic expert. This will help determine whether the surgeon who performed the cosmetic surgery had, in fact, administered substandard medical care and if medical negligence had a hand in the outcome of your surgery and if your injuries/outcome could have been avoided if the appropriate level of medical care had been adhered to.
3. Letter of Claim
If the independent medical expert has concluded that medical negligence is the cause of your injury then your solicitor will draft a Letter of Claim to the medical practitioner who treated you. A Letter of Claim will outline the nature of your case and invites the medical practitioner to settle your claim for compensation.
The next steps involved are heavily dependent on your case and response to your Letter of Claim and will determine whether your case will be brought to court or settled outside of court. Your solicitor will be on hand every step of the way to guide you through the process of an orthopaedic injury claim.
TELL US ABOUT YOUR MEDICAL NEGLIGENCE CASE *
At Tracey Solicitors, our dedicated medical negligence solicitors can help you proceed with an orthopaedic injury claim. We understand the injuries (physically and emotionally) that you have suffered and have supported and helped many people in similar situations proceed with medical negligence claims in Ireland over the past 30 years. For a confidential discussion, call Caoimhe McConnell, Head Medical Negligence Solicitor, on 01 649 9900 and tell her about your case or reach out via email to email@example.com and she can call you back.