When and Why to Instruct an Orthopaedic Surgeon Expert Witness

Orthopaedic injuries are among the most frequently litigated issues in both personal injury and clinical negligence claims. Whether the case concerns trauma management, post-operative care, or surgical complications, the role of a consultant orthopaedic surgeon expert witness is often central to determining liability, causation, and prognosis.

Solicitors handling high-value claims rely on these experts to deliver detailed, structured, and impartial opinions that stand up under cross-examination. At Apex Experts, we provide access to an elite panel of orthopaedic consultants who understand both the clinical and legal landscape.

What Does an Orthopaedic Surgeon Expert Witness Do?

An orthopaedic expert witness is a senior doctor, usually an NHS consultant, with extensive experience in musculoskeletal surgery. These specialists are trained not only in the surgical management of fractures and joint problems but also in the preparation of CPR 35-compliant expert reports for litigation purposes.

Their primary tasks include:

• Reviewing medical records, imaging, operative reports, and rehabilitation plans

• Assessing whether care met the standards of reasonable orthopaedic practice

• Offering independent, balanced opinions on breach of duty and causation

• Advising on long-term prognosis, functional limitation, and further treatment needs

Most experts also provide oral evidence in court and participate in joint statements, case conferences, and settlement meetings as needed.

When Should a Solicitor Instruct an Orthopaedic Expert?

Solicitors typically seek orthopaedic expertise in a wide range of personal injury and clinical negligence scenarios, including:

• Delayed or missed diagnosis of fractures: particularly when resulting in non-union, deformity, or chronic pain.

• Surgical negligence: such as incorrect fixation, wrong-site surgery, retained hardware, or inadequate infection control.

• Complications from elective procedures: including hip and knee replacements, spinal decompressions, or arthroscopies.

• Compartment syndrome or nerve damage: often following trauma or cast application.

• Poor post-operative care: inadequate wound management, missed infections, or failure to review radiology.

• Rehabilitation failures: neglecting mobilisation, physiotherapy, or community support.

Timely instruction of an orthopaedic expert is crucial, particularly when the case hinges on imaging interpretation, surgical technique, or whether an earlier intervention could have altered the outcome.

Legal Frameworks: Bolam, Bolitho and Montgomery

All Apex orthopaedic experts are trained to assess care within the context of established medico-legal principles:

• Bolam v Friern Hospital Management Committee [1957]: The clinician’s actions must be in line with a responsible body of similar professionals.

• Bolitho v City and Hackney HA [1996]: That opinion must also be logical and defensible under scrutiny.

• Montgomery v Lanarkshire [2015]: Expands the duty to inform patients of material risks and treatment alternatives.

Orthopaedic experts are often required to address all three tests, especially in elective surgery cases, where informed consent and shared decision-making are scrutinised in detail.

Components of a High-Quality Orthopaedic Report

Apex orthopaedic reports are designed to provide clarity, structure, and legal utility. Each report includes:

• Comprehensive clinical chronology: mapping the patient’s journey from injury or diagnosis through treatment and follow-up.

• Commentary on imaging: including expert interpretation of x-rays, CT, and MRI scans, often with visual aids or embedded annotations.

• Application of national standards: including BOA, NICE, and specialty-specific surgical guidelines.

• Analysis of breach and causation: clearly identifying what went wrong, when, and how this contributed to the claimant’s outcome.

• Prognosis and future care needs: often supporting quantum assessments or advising on likely future interventions.

Each report is internally reviewed by our team to ensure compliance with CPR 35, clarity of language, and consistency with legal expectations.

Why Instruct Apex for Orthopaedic Expert Witnesses?

Solicitors choose Apex Experts because we deliver precision, reliability, and complete support. Our orthopaedic panel includes consultants with subspecialties including:

• Spinal surgery

• Trauma and limb reconstruction

• Joint replacement (hip, knee, shoulder)

• Sports injuries and arthroscopy

• Paediatric orthopaedics

All experts are actively practising and have undergone medico-legal training. We also offer:

• End-to-end case management, including secure file transfer, deadline tracking, and client liaison.

• Support with joint expert statements, and availability for court attendance and cross-examination.

• Quick expert matching, based on injury site, case complexity, and timescales.

Turnaround Times and Payment Terms

Apex works to the solicitor’s timetable, with:

• Standard report turnaround: 6 - 8 weeks

• Expedited reports where required

• Deferred payment options available upon request

We aim to make the expert instruction process as smooth and efficient as possible, so solicitors can focus on advancing the claim.

Instruct an Orthopaedic Surgeon Expert Witness with Apex Experts

Whether the issue is a missed fracture, surgical error, or poor rehabilitation, a consultant orthopaedic surgeon expert witness brings vital clinical authority and legal clarity to your case. Their opinion can be the difference between a speculative claim and a well-substantiated argument for compensation.

Apex Experts ensures that solicitors instructing orthopaedic specialists receive top-tier expertise, delivered with professionalism, speed, and full administrative support.

To discuss your case or request a CV, contact us at info@apexexperts.co.uk, give us a call on 0203 633 2213 or visit our contact us page.