Orthopaedic surgery in Ireland faces critical challenges. Many of these challenges are due to severe understaffing and long waiting lists, which put patients at greater risk of poor outcomes. According to the Irish Hospital Consultants Association’s analysis, over 11,700 patients are waiting for orthopaedic surgeries, while an additional 76,000 are waiting for outpatient orthopaedic appointments.
However, regardless of how long the waiting lists are and how understaffed the hospitals may be, no one should suffer from adverse outcomes in orthopaedic care. Negligence in orthopaedic surgery can lead to painful and life-altering consequences, such as misaligned fractures, infection due to improper sterilisation, nerve damage, joint dysfunction, or delayed healing.
Michael Boylan Litigation is here to help if you or a loved one has experienced such outcomes. Our dedicated team will work to seek justice and fair compensation for the harm endured, ensuring that healthcare providers are held accountable. Contact us to discuss your case.
What Is Orthopaedic Surgery?
Orthopaedic surgery focuses on diagnosing, treating, and repairing issues with the musculoskeletal system, which includes bones, joints, ligaments, tendons, and muscles. Orthopaedic surgeons handle conditions ranging from fractures and joint problems to spine disorders and chronic issues like arthritis. Procedures may involve minimally invasive techniques or more complex operations, like joint replacements, spinal fusion, and corrective surgeries for deformities.
What Are the Causes of Orthopaedic Surgery Negligence?
Orthopaedic surgery negligence can occur for various reasons, often related to missteps in procedure or inadequate patient care. Common causes include:
- Misdiagnosis: Incorrectly diagnosing a condition, leading to inappropriate or delayed treatment.
- Inadequate Preoperative Planning: Failing to plan for complex surgeries, which can lead to unexpected complications.
- Surgical Errors: Mistakes during the operation, such as using incorrect tools or damaging surrounding tissues.
- Poor Communication: Miscommunication between medical staff, leading to errors in patient care.
- Improper Postoperative Care: Failure to monitor the patient adequately after surgery, resulting in complications like infections.
- Anaesthesia Errors: Mistakes in administering or monitoring anaesthesia, which can be life-threatening.
Examples of Orthopaedic Surgery Errors That Can Lead to a Claim
Orthopaedic surgery errors can have serious repercussions, and certain mistakes may constitute grounds for a negligence claim. Common examples include:
- Leaving surgical tools or sponges inside the body after the procedure
- Incorrectly aligning or setting bones, resulting in deformity or improper healing
- Nerve damage due to improper surgical techniques or positioning
- Performing surgery on the wrong site, such as the wrong limb or joint
- Inadequate infection control, leading to post-surgical infections
- Joint replacements that become loose or unstable due to improper placement
- Failure to monitor for blood clots, leading to deep vein thrombosis (DVT) or pulmonary embolism.
When Can You Bring an Orthopaedic Surgery Claim?
You can bring an orthopaedic surgery negligence claim if there is evidence that a healthcare provider’s actions fell below the standard of care, directly leading to harm or adverse outcomes. Common conditions for bringing a claim include:
- Misdiagnosis or Delay in Diagnosis: If an orthopaedic condition was misdiagnosed or diagnosed too late, leading to worsening symptoms or incorrect treatment.
- Surgical Errors: If errors during surgery, such as operating on the wrong body part or improper placement of implants, resulted in further complications.
- Failure to Obtain Informed Consent: If you were not adequately informed of the risks and alternatives before surgery, impacting your ability to consent knowledgeably.
- Inadequate Postoperative Care: If insufficient aftercare led to infections, blood clots, or other complications that could have been avoided with proper monitoring.
- Complications from Negligence: If your condition worsened due to errors in anaesthesia, infection control, or follow-up care.
What Will Your Claim Cover?
An orthopaedic surgery negligence claim can help cover various areas to provide adequate compensation for your suffering. Common inclusions are:
- Medical Costs: Reimbursement for treatment, rehabilitation, and any corrective surgeries required.
- Loss of Earnings: Compensation for wages lost due to recovery time or reduced work capacity.
- Pain and Suffering: Damages for physical pain, emotional distress, and diminished quality of life.
- Future Medical Care: Anticipated costs for ongoing care, such as physical therapy, medication, or future surgeries.
- Assistive Devices: Costs for aids or devices needed to support mobility, such as braces or wheelchairs.
- Travel Expenses: Reimbursement for travel to and from medical appointments or treatment centres.
The Orthopaedic Surgery Claim Process
The orthopaedic surgery negligence claim process begins with an initial consultation to assess the specifics of your case. Michael Boylan Litigation will review medical records, obtain expert opinions, and document the extent of harm caused. This step is crucial for building a strong case to demonstrate negligence and the resulting impact on your health and lifestyle.
Once evidence is gathered, we will initiate a claim and handle negotiations with the responsible parties. If a fair settlement cannot be reached, our experienced team will guide you through litigation.
Statute of Limitations
Under the Statute of Limitations Act 1957, the statute of limitations for filing an orthopaedic surgery negligence claim is typically two years from the date of the injury or from when the injury became evident. Exceptions include cases where the injured person is mentally incapacitated; in these cases, the time limit does not commence until they regain capacity. For minors, the two-year period begins on their 18th birthday, allowing them until they turn 20 to file a claim.
How Much Compensation Can You Get for Orthopaedic Surgery Negligence?
The amount of compensation awarded for orthopaedic surgery negligence in Ireland varies based on the severity and impact of the injury. According to the Personal Injuries Guidelines, the following ranges provide a foundation for understanding what compensation may look like in different cases:
- Severe Back Injuries: For cases involving extensive pain, partial paralysis, or significant disability, including loss of bladder or sexual function, awards generally range between €150,000 and €300,000. This reflects the serious impact these injuries have on daily life and overall well-being.
- Severe Shoulder Injuries: Shoulder injuries that result in permanent disability, such as nerve damage leading to arm paralysis or loss of function, typically fall between €100,000 and €150,000.
- Serious Pelvic and Hip Injuries: For cases requiring hip replacement surgery or causing severe pain and restricted mobility, compensation awards can range from €75,000 to €100,000.
Final compensation is also affected by factors like the patient’s age, the injury’s impact on quality of life, work capability, and any additional treatment or rehabilitation required. We will ensure that these factors are comprehensively evaluated to secure a fair compensation amount based on the unique aspects of each case.
Start Your Orthopaedic Surgery Claim
If orthopaedic surgery negligence has compromised the health of your bones and impacted your life, do not hesitate to act. Contact Michael Boylan Litigation today to seek justice and secure the compensation needed to rebuild strength and stability.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in line with regulation 8 of the Solicitors Advertising Regulations 2019.
