Orthopaedic surgery is to attempt to correct problems that arise in the skeleton and its attachments such as the ligaments and the tendons. Orthopaedic surgeons will perform a wide range of surgical procedures including hand reconstructions, spinal fusions, joint replacements etc. Much of the work of an orthopaedic surgeon involves adding foreign material to the body in the form of screws, wires, pins etc. This does have risks in itself as there is no guarantee that the body will react to the foreign body in a positive way – although it has proved to be successful with many operations.
As with any surgical procedure, there are many inherent risks are involved. Your surgeon should always explain the risks prior to agreeing to undertake a surgical procedure. The idea is that a patient is always making a fully informed decision. It is the patient’s decision whether or not to have the surgery. The patient should be made fully aware of the potential consequences of not having the surgery and the potential consequences or side effects of having the surgery. A failure to fully inform the patient of risks could leave the practice (whether it be a private clinic or a NHS clinic) open for a claim in medical negligence.
General risks with orthopaedic surgery include excessive bleeding, infection, allergic reactions etc. Some more specific risks include inflammation in the part of the body where foreign materials (screws, pins etc) are inserted. There may also be a risk of nerve damage or damage to the spinal cord. The risks will vary depending upon the precise operation being undertaken.
If things do go wrong with surgery, it is possible that you may be entitled to make a personal injury compensation claim. Whether or not you are entitled to make a claim will depend on the circumstances. If a risk occurred that you was not aware of, consider whether you were fully and correctly informed before deciding to go ahead with the operation. It is important to consider whether the injury or outcome was a risk or whether something has gone wrong due to the negligence of the surgeon/staff.
Unfortunately, the examples about such as excessive bleeding, infection, or inflammation are normally categorised as inherent risks. Sometimes these things just happen, and it is not necessarily negligence that causes it. A claim for personal injury is born from negligence – something has to have gone wrong due to an error or a mistake.
We deal with many different types of medical negligence claims. It is imperative that you seek legal advice from a firm of experienced medical negligence lawyers. If you have sustained injury or suffering as a result of medical negligence then contact The Injury Lawyers today.
