Orthopaedic trauma covers a wide range of injuries to bones, joints, ligaments, and soft tissue. Most patients who sustain these injuries receive appropriate and timely treatment. However, problems can arise when fractures are missed, surgery is performed incorrectly, or complications are not recognised quickly enough. In situations where avoidable mistakes lead to further injury, prolonged recovery, or permanent disability, a medical negligence claim may arise.
Orthopaedic negligence claims are often complex because they involve specialist medical issues and detailed questions about how an injury should have been treated. Understanding what went wrong and whether it amounts to negligence requires careful investigation and expert opinion. Here at McCarthy + Co Solicitors LLP, our medical negligence team can help you assess your case and guide you through your legal options. You can arrange a free consultation with a solicitor by completing our quick and confidential online form.
When does orthopaedic trauma amount to medical negligence?
Medical negligence occurs when the treatment provided falls below the standard that a reasonably competent practitioner would have delivered in the same situation. In Ireland, this is assessed using the Dunne principles. These principles ask whether the decisions and actions taken during your care were in line with accepted medical practice and whether any departure from that standard caused you harm that could have been avoided.
In orthopaedic trauma cases, negligence may arise in several ways. Common examples include a missed or delayed diagnosis of a fracture, errors during surgery that require avoidable revision surgery, or failures in follow-up care.
Proving negligence requires more than showing that the outcome was disappointing or that complications developed. Many orthopaedic injuries carry inherent risks that cannot be entirely avoided. To succeed in a claim, you must show that the care you received was not in line with what a competent orthopaedic or emergency medicine specialist would have done and that this shortcoming made a real difference to your recovery.
Common types of orthopaedic negligence
Orthopaedic trauma care involves rapid assessment, accurate diagnosis, and precise treatment. When any of these steps fall below an acceptable standard, avoidable complications can occur.
Common scenarios that can lead to orthopaedic negligence claims include the following:
- Missed or delayed fracture diagnosis – A fracture may be overlooked if symptoms are underestimated or if X-rays are not taken or interpreted correctly. A delayed diagnosis can lead to improper healing or the need for more invasive treatment further down the line.
- Errors in fracture management – Even when a fracture is correctly identified, problems can arise if the chosen treatment is inappropriate or poorly executed.
- Surgical errors in orthopaedic procedures – Mistakes during operations such as joint replacements, fixation procedures, or spinal surgery can result in nerve injury, blood vessel damage, misplaced screws, or unstable joints.
- Failure to recognise post-operative complications – After surgery, patients must be monitored for signs of infection, compartment syndrome, impaired circulation, or problems with wound healing. A failure to act promptly can cause severe and sometimes irreversible harm.
- Inadequate follow-up care – Orthopaedic injuries require appropriate review and rehabilitation. If a patient is not called back for essential imaging, not referred to physiotherapy when needed, or discharged too soon, important issues may be missed, and recovery may be compromised.
- Mismanagement of infections – Deep bone and joint infections demand early identification and aggressive treatment. Delayed intervention can result in long-term disability, removal of implants, or chronic osteomyelitis.
These examples show how negligence can arise at each stage of orthopaedic care. A careful review of records and expert opinion is usually required to determine whether the treatment truly fell below an acceptable standard.
The claims process
Pursuing a medical negligence claim for orthopaedic trauma usually involves the following key stages.
1. Requesting medical records
Your solicitor will obtain your hospital and GP records, imaging, operative notes, and any relevant correspondence. These documents form the foundation of the investigation and are essential for understanding the timeline of your treatment.
2. Independent expert review
A specialist orthopaedic or emergency medicine expert will review your records and any scans. They will assess whether the care you received met the standard expected of a competent practitioner. If the expert believes that negligence occurred and that it made a meaningful difference to your outcome, they will prepare a supportive report.
3. Letter of claim
If supportive expert evidence is obtained, a formal letter of claim is sent to the hospital or clinician involved. This notice outlines the alleged negligence and the injuries suffered. The Civil Liability and Courts Act requires claimants to send this letter early in the process so that the healthcare provider has an opportunity to investigate and respond.
4. Issuing proceedings
If the matter is not resolved after the letter of claim, your solicitor may proceed to issue a summons in the appropriate court. This begins the formal litigation process. Both sides exchange detailed pleadings, medical reports, and other evidence.
5. Case management and expert exchange
Most clinical negligence cases now progress through the High Court’s Clinical Negligence List, which provides structured case management. Timelines are set for exchanging expert reports and preparing the case for a potential hearing. Mediation or other forms of alternative dispute resolution are encouraged at this stage.
6. Resolution by settlement or trial
Many cases settle once the full evidence is available. If settlement is not possible, the case proceeds to trial, where a judge will decide whether negligence occurred and what compensation is appropriate.
Time limits for bringing a claim
Medical negligence claims are generally subject to a two-year time limit. This period does not always begin on the date of the treatment itself. Instead, it usually runs from the date when you first knew, or ought reasonably to have known, that you suffered an injury that may have been caused by negligent care. This is known as the date of knowledge, and it is particularly important in orthopaedic cases where problems may only become clear over time.
There are some exceptions. For children, the two-year period usually only begins on their eighteenth birthday. For adults who lack capacity, the time limit may be suspended.
How compensation is assessed
Compensation in negligence claims is intended to reflect the impact the injury has had on your life. Courts and solicitors use the Judicial Council Personal Injuries Guidelines to determine appropriate figures for pain, suffering, and loss of quality of life. These guidelines contain specific brackets for fractures, joint injuries, and long-term mobility problems. You can download a PDF copy of the Personal Injuries Guidelines here.
In addition to general damages, you may be entitled to recover financial losses such as medical expenses, physiotherapy costs, lost earnings, future treatment or surgery and the cost of aids, appliances, or home adaptations.
Require assistance with bringing a claim?
If you believe that errors in your orthopaedic treatment have affected your recovery, it is important to get clear and reliable advice as early as possible. Medical negligence cases can be complex, but a specialist solicitor can help you understand whether you have grounds for a claim and guide you through each stage of the process with confidence.
The team here at McCarthy + Co Solicitors LLP has extensive experience in orthopaedic negligence cases and can provide the support you need to move forward. Arrange a no-obligation consultation using our confidential online form.
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