ArticleArchives of orthopaedic and trauma surgery2025
Why do orthopaedic surgeons get sued? An analysis of £2.2 billion in claims against NHS England: trends in litigation and strategies to enhance care.
Article in Archives of orthopaedic and trauma surgery, 2025. The graph could read no effect estimate from its abstract, so it casts no vote on the map. Cited by 6 papers.
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Who cites it
6 citing papers in PubMed.
- Development and Validation of Machine Learning Models for Postjudgment Estimation of High Compensation Ratios After Lower Limb Fracture Surgery: Retrospective Study.JMIR medical informatics · 2026Article
- Causes, Characteristics, and Risk Factors of Medical Damage Liability Disputes: A 13-Year Retrospective Analysis of 1761 Litigation Cases in Chongqing, China.Healthcare (Basel, Switzerland) · 2026Article
- When Intuition Meets the Algorithm: Medico-Legal Implications of Artificial Intelligence-Driven Decision-Making in Orthopedics.Bioengineering (Basel, Switzerland) · 2026Review
- Ten years of clinical negligence claims in otolaryngology: trends, costs, and preventable harm in the UK national health service.European archives of oto-rhino-laryngology : official journal of the European Federation of Oto-Rhino-Laryngological Societies (EUFOS) : affiliated with the German Society for Oto-Rhino-Laryngology - Head and Neck Surgery · 2026Article
- Fifteen Years of Orthopedic Malpractice Litigation in Türkiye: A Supreme Court Analysis and International Comparison.Journal of clinical medicine · 2026Article
- Human factors in orthopaedic surgery: making the right decisions in complexity.European journal of orthopaedic surgery & traumatology : orthopedie traumatologie · 2025Review
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3 authors.
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Abstract
backgroundLitigation in Orthopaedic Surgery poses a significant financial challenge to healthcare systems. Orthopaedic-related claims accounted for 10.8% of the 10,900 total claims in the NHS in 2023/24, costing approximately £250 million. Yet, no extended analysis of Orthopaedic-related litigation trends has been conducted. This study examined NHS litigation data from 1996/97 to 2023/24 identifying trends, causes, and financial impact to provide actionable insights for improving clinical practice.
methodsOrthopaedic-related claims data from NHS Resolution (NHSR; 1996/97–2023/24) were analysed under the Freedom of Information Act. The dataset, focused on closed claims with settlements, included causes, injury types, and payouts. Broader classifications were applied due to GDPR constraints. Non-parametric distributions were confirmed using the Shapiro-Wilk test. Subsequent analyses, using the Kruskal-Wallis tests, calculated significant differences between categories and across years.
resultsBetween 1996/97 and 2023/24, 22,606 clinical negligence claims resulted in 14,702 settlements exceeding £2.2 billion, including £1.2 billion in damages. Musculoskeletal injuries were most frequent primary injuries (21%, £407.53 million), followed by unnecessary operations and postoperative pain (22%, £328.27 million). Neurological issues (8%) and poor outcomes (13%) accounted for £254.74 million and £129.14 million, respectively. Surgical errors (24%) caused the highest damages of the primary causes (£309.47 million), followed by failure or delayed treatment (23%, £277.02 million) and decision-making errors (22%, £287.57 million). Settlement values peaked in the early 2010s before declining, with significant differences in median claims, damages, and total payouts per annum (p < 0.001).
conclusionBetween 1996/97 and 2023/24, over £2.2 billion was paid in settlements, with £1.2 billion in damages. Musculoskeletal injuries, surgical errors, and delayed treatment were leading causes, highlighting persistent clinical challenges. Although claim volumes and payouts have declined since 2011/12, improved consent and multidisciplinary meetings may offer potential opportunities to enhance patient outcomes and reduce litigation against Orthopaedic Surgeons in the NHS.
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