Orthopaedic surgeries, including joint replacements like hip, knee, or ankle, are routinely conducted in Irish hospitals with a high rate of success. However, errors can occasionally occur. The most frequent orthopaedic claims arise from mistakes made during surgery involving hip replacements or procedures involving the lumbar spine. There is also the potential for fractures to be overlooked by a doctor, leading to unnecessary pain and potential irreversible harm.
Common types of orthopaedic surgery claims (list is not exhaustive)
The outcome of an injury can vary based on the severity of the damage. Patients may fully recover quickly or experience persistent symptoms like ongoing pain, immobility, diminished sensation stemming from nerve or blood supply impairment, or disability.
These injuries can disrupt work, studies, self-care, and daily routines. Subsequent medical procedures or therapies may be deemed necessary.
An initial consultation with our team can offer an evaluation of your circumstances and guide you through potential courses of action.
Compensation awarded for orthopaedic surgery claims
Compensation claims stemming from orthopaedic surgery negligence encompass two primary areas of loss:
Our compensation claims estimator can provide guidance on the potential compensation available for your specific orthopaedic injury case.
Time constraints when making a claim
It is important to note that there is a specific timeframe in Ireland within which you can initiate legal proceedings.
Anyone intending to pursue a medical negligence claim through the legal system must do so within a two-year period minus one day, from either the date of occurrence of the error, or from the time you became aware of the injury.
Therefore, the two-year limit can commence from the moment you notice symptoms, sustain a significant injury, or uncover evidence of malpractice.
For minors, the time limit begins once they reach 18 years of age, granting them until their 20th birthday to initiate legal action. Parents/guardians with legal authority are permitted to initiate a claim on their behalf before the child reaches adulthood.
If you are uncertain about your position, call a member of our medical negligence team who will be happy to discuss your case further with you.
Making a claim
Initiating a claim may seem overwhelming, however our solicitors are experienced in this field and can make the legal process more manageable. Also, it’s important to remember that many orthopaedic medical negligence claims are settled without ever having to go to court.
When considering orthopaedic injury compensation claims, it is crucial to prioritise your well-being as your primary concern.
From the very first interaction with our solicitors, we will listen to your concerns and needs and advise you what we can do for you from a legal perspective.
Most claims are finalised within an average timeframe of two to three years, however this can vary depending on the circumstances of individual cases. In more complicated cases it is very difficult to give an expected timeline. Throughout this process, our medical negligence team will maintain clear and open communication with you.
Entrusting our expert medical negligence team to manage your claim enables you to concentrate on your recovery and well-being, while we look after your case.
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For more information and a confidential discussion on your medical negligence claim, call Elaine Hickey, Head Medical Negligence Solicitor, on +353 1 649 9900 and tell her about your medical malpractice case or reach out via email to ask@traceysolicitors.ie and she can call you back.
Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist medical negligence solicitor to help you with this.
If you feel that you were not provided with appropriate medical treatment whilst under the care of a medical professional which resulted in injury due to the actions or in-actions of a medical professional, then speaking with a medical negligence solicitor following the injury is imperative. Medical negligence is a complex topic in Irish law. Speak to a medical negligence solicitor when bringing a claim forward. This ensures that no essential steps are missed throughout the legal process. Bringing a claim forward without having spoken to a solicitor can delay your claims procedure. A solicitor can help to determine your medical negligence time limit claim.
In order to make a claim, it must be established and proven that the injury sustained was caused by the medical negligence of the doctor or medical staff tasked with your medical care. 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 records assessed by an independent medical expert. This will help determine whether a surgeon or medical staff who treated you had, in fact, administered substandard medical care and if negligence was the cause of the injury and if your injuries/outcome could have been avoided if the appropriate level of medical care had been adhered to.
If the independent medical expert has concluded that medical negligence has occurred, 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 case. 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 this process.
At Tracey Solicitors LLP, our dedicated medical negligence solicitors have years of experience in helping people deal with traumatic medical injury claims. We understand the injuries, both 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 more information and a confidential discussion on your medical injury claim, phone 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case, where you can speak with a member of our team straight away.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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If you are to proceed with a medical negligence claim you may be entitled to claim compensation for the accident and added expenses, you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a medical negligence injury.
Special damages are out of pocket expenses incurred as a result of the medical negligence injury, for example, loss of earnings (if you are out of work), medical bills, added travel costs as a result of the accident (for example, travel to and from the hospital) and future care costs. Learn more about Special Damages.
The statute of limitations are the legal time limits on how long you have to make a claim, which can vary depending on the situation. When taking into account how long medical negligence claims take, it is important to remember that medical negligence cases require certain time frames in place within which you can bring a claim. For medical negligence claims it is two years less a day following the date of the incident or two years less a day following the date that a person made the connection that their illness or injuries were a result of medical negligence. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
In an unfortunate incident where a child is subject to medical negligence, the process of making a claim differs from that of an adult. A minor may be in a position to bring a claim forward in the first two years following their 18th birthday.
Learn more about Legal Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.
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