A new study has put hard numbers to a long-recognised issue- orthopaedic claims remain one of the biggest drivers of NHS negligence costs.
The research published in the Archives of Orthopaedic and Trauma Surgery examined more than £2.2 billion of settled clinical negligence claims against NHS England between 1996/97 and 2023/24 (Springer, 2025). The findings highlight not just the scale of orthopaedic litigation, but the continuing need for rigorous medico-legal evidence in these cases.
What the Data Shows
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Musculoskeletal injuries were the most frequent primary injury, representing 21% of all claims and costing approximately £407 million.
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Surgical errors were the costliest single category, accounting for around £309 million.
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Failures or delays in treatment (£277 million) and clinical decision-making errors (£287 million) also featured heavily.
The study shows persistent risk across the orthopaedic pathway—from decision-making in A&E to outcomes in surgery.
Why Orthopaedics?
Orthopaedics involves high patient volumes and often high-stakes interventions. Even routine procedures, such as hip replacements or fracture repairs, carry significant risk if not managed to standard. When errors occur, the resulting claims often involve life-changing injuries and therefore attract high compensation.
This makes orthopaedic cases a focal point for both litigation risk and medico-legal scrutiny.
For firms handling clinical negligence and personal injury claims, the message is clear:
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Expert evidence is decisive. Courts need clear, defensible reports on causation, prognosis, and whether care met accepted standards.
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Delay is costly. Failures to act promptly in treatment remain a significant source of claims.
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Complexity is rising. Multi-disciplinary evidence—orthopaedic, neurological, psychiatric—may be needed to capture the full impact of harm.
From surgical error analysis to musculoskeletal injury assessments, at UKExpertMedical, our panel of orthopaedic specialists delivers the evidence solicitors need to build strong, credible cases.
As NHS orthopaedic claims continue to drive high-value litigation, let us support you with our complete medico-legal solutions.
