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Orthopaedic surgery claims

Spinal Injury

At Hay & Kilner, we have one of the leading Clinical Negligence teams in the North East & Cumbria, dedicated to helping victims of all types of orthopaedic surgery claims.

We are asked to investigate a number of claims which relate to substandard orthopaedic surgical treatment provided within the NHS and the private sector. We have settled a large number of claims, including those relating to substandard hip replacement surgery; and knee, ankle and wrist surgery. Complications arising out of substandard orthopaedic surgery include nerve damage, serious wound infection and amputation.

Here are some examples of our settled and current orthopaedic claims:

Failure to diagnose and treat an ankle fracture

We settled a claim for £27,500 on behalf of a client who alleged that there was a failure to diagnose and treat an ankle fracture. As a result of the failure to diagnose the fracture it became displaced and this resulted in the development of osteoarthritis which would otherwise have been prevented. By reason of the failure to diagnose it was alleged that our client required a total ankle replacement.

Failure to diagnose a tibial fracture

We recently settled a claim for £24,000 following a failure to appreciate that significant displacement of the tibial fracture had occurred, following a trip 4 weeks after initial surgery. It was successfully argued that the surgeon failed to diagnose displacement of the fracture despite this being apparent on the X-ray. Our client should have been offered immediate corrective surgery. However, the delay in diagnosis resulted in our client suffering a prolonged period of disability and a delay in healing of his fracture by 2 ½ years. He could also have avoided the need for more extensive corrective surgery and the fixation of an external frame.

Substandard care during surgery resulting in a leg amputation

We are acting for a client who received allegedly substandard care during a tibial osteotomy, a surgical procedure to realign the leg. It was alleged that during surgery, an artery in the leg was damaged resulting in a loss of blood flow to the lower leg. Following surgery our client’s leg and foot became numb and cold due to the lack of blood circulation. It is alleged that there was a delay in identifying and treating this by his doctors and nursing staff. Our client underwent further surgery the following day to attempt to locate and repair the damaged artery and to restore blood circulation. Unfortunately this was unsuccessful due to the severe damage already suffered and he was required to undergo an above the knee amputation. It will be argued that had the initial surgery been carried out correctly, he would not have suffered a loss of blood flow to his lower leg. It is also alleged that had the loss of blood circulation had been correctly managed, our client could have undergone surgery to repair the artery at an earlier time and it would have been possible to save his leg.



  • "Very methodical and skilled in their work & Very thorough in the way that they research and prepare cases."

    - Chambers & Partners

  • "One of the most experienced and professional Clinical Negligence firms in the North East."

    - The Legal 500

  • "Hay & Kilner has a great team of very capable Clinical Negligence lawyers who have a friendly and compassionate relationship with their clients."

    - The Legal 500

  • "Clients think the world of them."

    - The Legal 500

  • "The Clinical Negligence Team at Hay & Kilner was recommended to me because of their excellent reputation handling claims. In light of my own experience with the team, I can confirm how well deserved that reputation is."

    - Client of our Clinical Negligence Team

  • "Lauren Hall & Helen Morland handled every aspect of my claim with care, thoughtfulness and great efficiency. They were able to allay any concerns I had by clearly explaining the processes involved. Helen secured a settlement for me which surpassed my hopes and I cannot thank her and Lauren enough."

    - Client of our Clinical Negligence Team

  • "Hay & Kilner has an excellent grasp of clinical negligence law and an excellent manner with clients."

    - The Legal 500

  • "It's unquestionably one of the major players in the region."

    - Chambers & Partners