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Orthopaedic expert witnesses for injury and negligence claims.
Our orthopaedic surgeons provide expert evidence on fractures, spinal and joint injuries, soft-tissue injuries and alleged orthopaedic negligence. Tell us the injury and your deadline. The search is free, and nothing is agreed until you instruct a surgeon.
What an orthopaedic surgeon can answer.
Put the questions in your case in the enquiry, and we find a surgeon who can answer them.
- Condition and prognosisWhat injuries did the claimant suffer, how have they recovered and what is the outlook? See condition and prognosis reports.
- CausationWere the symptoms caused by the accident, or by something that was there before?
- AccelerationDid the accident bring forward degenerative change, and by how long?
- Breach of dutyDid orthopaedic treatment fall below the standard expected? See medical negligence expert witnesses.
- Future risks and treatmentIs post-traumatic arthritis likely, and will the claimant need surgery or a joint replacement? When?
- Work and daily lifeWhat can the claimant do now, and what will they be able to do later?
What we need.
An outline is enough to start: the injury, the issues (condition and prognosis, causation or breach of duty), the court and your deadline. If limitation is close, say so. You get the CVs, fees and availability of orthopaedic surgeons who can take the case.
Once you instruct, a named case manager arranges the examination and manages the instruction through to delivery of the report. Reports usually take 1 to 2 weeks, or 2 to 3 days when urgent. Timescales are estimates and depend on expert availability, the appointment and receipt of the relevant records.
Whiplash and road traffic claims in England and Wales.
The first report in a whiplash claim comes through MedCo. We find orthopaedic surgeons for everything outside that: further reports, and claims outside the portal, including serious and multi-track injury claims.
Outside the portal, in a claim that includes whiplash and a more serious injury, a report from a doctor on the GMC Specialist Register on the more serious injury can cover the whiplash too (CPR 35.4(3E)). Tell us the injuries and the value of the claim, and we find a surgeon who can report within those rules.
Pre-existing degeneration and acceleration.
Reports often put acceleration at a number of years. In Chambers v Excel Logistics [2006] EWCA Civ 1031 the Court of Appeal ordered a new trial because what the surgeon meant by it had never been clarified.
Tell us in the enquiry if acceleration is in issue, so the surgeon knows to deal with it. If the other side’s expert or a single joint expert leaves it unclear, you can put written questions to clarify it (Part 35 questions).
Orthopaedic clinical negligence.
Send the allegations and the dates of care, and we find an orthopaedic surgeon who can report on breach of duty and causation.
The surgeon gives an opinion on the care against a responsible body of orthopaedic opinion at the time, and on whether proper treatment would have changed the outcome. The tests are set out on our page on medical negligence expert witnesses.
The British Orthopaedic Association’s guidance says breach and causation reports can sometimes be prepared from the clinical records and radiology alone, so send the imaging with the records. For missed fractures, NICE guideline NG38 covers the assessment of non-complex fractures in England.
Across the UK.
The whiplash regime is England and Wales only. We find surgeons for claims in Scotland and Northern Ireland too.
England and Wales
- Whiplash tariff, the Official Injury Claim portal and the MedCo route for low-value road traffic claims
Scotland
- No whiplash tariff and no Official Injury Claim portal
- Sheriff court personal injury pre-action protocol for claims valued up to £25,000, for accidents from 28 November 2016
- The surgeon gives evidence as a skilled witness, and breach is judged by the Hunter v Hanley test
Northern Ireland
- The whiplash regime does not apply
- Tell us the court, and the surgeon reports to its rules
Questions about orthopaedic evidence.
For anything else about your case, call us.
Call 0121 752 6061What does an orthopaedic medico-legal report cover?
The history, the examination, the records and imaging reviewed, and the surgeon’s opinion on each question in your instructions, such as diagnosis, causation and prognosis.
Does the whiplash tariff apply in Scotland?
No. The Civil Liability Act 2018 whiplash rules extend to England and Wales only. In Scotland, claims up to £25,000 follow the sheriff court personal injury pre-action protocol.
Can you find a spinal surgeon?
Yes. Orthopaedic surgeons treat neck and spine conditions, and some specialise in spinal surgery. Tell us the level of the spine and the issue, and we will search for a surgeon in that field.
Can the report be written from the records alone?
For some breach of duty and causation reports, yes: the British Orthopaedic Association says these can sometimes be prepared from the clinical records and radiology alone. Condition and prognosis usually needs an examination. Send the imaging with the records, and say in the enquiry if you want a records-only report.
Send the case. We find the experts.
- The type of caseFamily, personal injury, criminal, immigration, employment…
- The specialty, or the issuesIf you are not sure who you need, describe the medical questions
- The court or tribunalAnd any directions already made about expert evidence
- Your deadlineHearing, filing or limitation date
- How the case is fundedLegal aid, private, CFA or insurer
Send a case enquiry, obtain CVs and quotes in minutes
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Urgent case?0121 752 6061info@
You can also call us on 0121 752 6061.
Tell us your deadline, and we find an orthopaedic surgeon who can meet it.
You get the CVs and fees of those who can.