The Team Around the Client Magazine

February 2025 | Edition 14

A note from our Guest Editor

“This edition of Team around the Client magazine focuses on people affected by an orthopaedic injury, whether caused by an accident or as a result of medical negligence. 

By their nature, orthopaedic injuries (claims involving musculoskeletal damage such as fractures, sprains, and soft tissue injuries) are challenging as they impact a person’s ability to move independently or to function fully, which in turn can impact their job, caring responsibilities, and ability to participate in social and leisure activities. They can often have adverse effects in the longer term too, such as the need for further corrective surgeries, or potential for complications to occur later in life.

This series features a panel of experts, on a wide range of topics relevant to claims for orthopaedic injuries. As well as specialist lawyers from RWK Goodman’s own Clinical Negligence and Personal Injury teams, we are delighted to share a personal story from Tracy Ralph, from the Limbless Association, speaking about the importance of peer support when recovering from limb loss surgery.  We are pleased to be able to share insightful contributions from two barristers highly regarded for orthopaedic claims; Tom Gibson from Outer Temple Chambers and Rob Mills from 1 Crown Office Row.

We also have two case studies, highlighting how compensation helped clients of the firm after suffering serious injury. Kerstin Scheel highlights the story of a young girl she represented, whose hip dysplasia went undiagnosed at birth, leaving her with a significant deformity of her hips and in need of multiple revision surgeries throughout her lifetime to mitigate the damage caused. Louise Huckstep, explains how she secured compensation for Dan, who suffered injuries after using a poorly maintained machine at work.

Whether you’re considering a claim yourself, or are a professional supporting people who’ve suffered orthopaedic injuries, this edition will provide insights into navigating the legal landscape of orthopaedic injury claims and the importance of having an experienced and specialist team acting on your behalf.”

Ali Batchelor, Partner and Guest Editor of this Edition of the Team Around the Client Magazine.

Mary’s story - the consequences of delayed diagnosis of hip dysplasia.

Kerstin Scheel represented a teenage female claimant, Mary*, (born in 2010) in a clinical negligence claim against a hospital Trust for negligent failure to diagnose her hip dysplasia in the newborn period.

*the name has been changed to protect anonymity

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How our solicitors supported a client on his journey following orthopaedic injury.

Dan was working as an agricultural seed cleaner and workshop engineer, undertaking seed cleaning for customer farmers across the country. Unfortunately his employers did not have a safe system of work and had not properly maintained the equipment Dan had to use. In an incident which he found profoundly shocking, Dan sustained severe injury to his index finger whilst working with one of the poorly-maintained machines.

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What can be done to reduce the rise in orthopaedic negligence claims?

Whilst the number of orthopaedic claims dropped in the three years following the pandemic, last year saw an increase again and this may well coincide (there is always a lag in time between a negligent injury occurring and a claim being made) with the resumption of elective orthopaedic operations post-pandemic.

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Medicolegal issues in knee replacement surgery.

Robert Mills, barrister at 1 Crown Office Row, explains the various ways in which a clinical negligence claim can arise from total knee replacement surgery as well as considerations that need to be taken into account when considering the prospects of a potential claim.

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Scoliosis correction surgery – a lawyer’s perspective.

Mild cases of scoliosis are often left untreated, while in moderate cases the more conservative approach of bracing may also be utilised. In more severe cases though, surgery may be identified as the best course of action and it is usually undertaken during adolescence. Simon Elliman explains what you might need to know about the risks.

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Expert witnesses – how choosing the right team of experts help to value a claim.

Tom Gibson, barrister at Outer Temple Chambers, explains how teams of expert witnesses help to prove and to value a claim.

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No amputee should cope alone: the life-changing support of the Limbless Association.

Tracy Ralph, Network Development Officer for South East and East of England at the Limbless Association, tells her story.

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Cross-border orthopaedic claims – a case study.

With a growing number of adrenaline-seekers and mountain enthusiasts traveling abroad each winter to indulge in their passion, collisions between skiers and snowboarders from different countries have become increasingly frequent. Pursuing a compensation claim in such cases can be a complex and challenging process. Maud Lepez explains.

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The role of sport in limb loss rehabilitation.

Rehabilitation plays a critical role in helping individuals regain mobility, confidence, and independence. In addition to the go to rehabilitation strategies of physiotherapy and occupational therapy; sports and physical activity have emerged as powerful tools for improving physical function, mental well-being, and social integration in individuals recovering from limb loss.

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