Dr Heidi Mounsey is a medicolegal consultant and assists members in relation to many of the matters outlined in this booklet. She is a former anaesthetic registrar and is a Fellow of the Royal College of Anaesthetists. She joined Medical Protection in 2016.
Orthopaedic surgery is a specialty that deals with a wide range of musculoskeletal conditions. Frequently performed procedures include joint replacements, arthroscopies, and spinal surgery. Serious complications following surgery are rare, but medicolegal cases may arise due to the life-changing impact they can have on mobility and function.
The majority of cases reported to us relate to elective surgical procedures undertaken outside of the NHS. Patients who opt for elective surgery can choose to proceed with it at any time, or not at all. The management of acute fractures and trauma is most commonly undertaken in the NHS setting.
Clinical negligence claims in orthopaedic surgery can sometimes lead to large financial settlements. The value of the settled claim will often include compensation for care and loss of earnings, in addition to an award for the damages resulting from a breach of duty. Complications can result in permanent damage or significant loss of function, and this sees the value of claims vary enormously. Our highest orthopaedic surgery total case payment during the time period considered (including claimant damages, costs, and legal costs) was in excess of £2 million.
In addition, COVID-19 meant there was a significant change to the way in which many doctors worked, including severe disruption to elective surgery within the NHS. We also saw a large number of individuals contacting our medicolegal helpline for advice and support.
Issues arising as a consequence of COVID-19 included the prioritising of scarce resources, concerns over staffing levels, COVID-19 vaccinations (including in relation to doctors who did not wish to be vaccinated and also those who had fraudulently obtained vaccinations for themselves or their family ahead of schedule), management of patients who refused to wear a mask, and worries about personal risk of exposure. Medicolegal cases where COVID-19 is cited as a factor are ongoing and it is likely the impact will continue to be felt for some time.
We understand you work in complex and often pressured environments. We also know, following feedback from members, that experiencing a medicolegal case can be incredibly stressful. At Medical Protection we want to share our knowledge, experience, and expertise with you so we can provide invaluable professional support.