Helen Morland, Partner in our Clinical Negligence team at Hay & Kilner LLP, acted on behalf of a client who was awarded £300,000.00 following two episodes of negligent surgery to her right knee.
In December 2004, our client began to suffer pain in her right knee and found it difficult to walk. X-rays of her knee, taken in September 2005, showed osteoarthritis in the medial compartment and some early signs of osteoarthritis.
In December 2005, our client was referred by her GP for an Orthopaedic review at hospital. Following further x-rays, she was advised to undergo right knee replacement surgery.
In June 2006, our client, then aged 64, underwent a right uni-compartmental knee replacement in hospital. During the operation, the surgeon failed to place the replacement component in an acceptable position and post-operatively our client remained in significant pain.
Post-operatively a brace was applied to our client’s right knee, which she found uncomfortable to wear. She attended regular physiotherapy sessions but found it difficult to mobilise. She was unsteady on her feet and had to rely on the help of her family to move around her home or to travel anywhere.
Due to ongoing pain, our client underwent a revision of the uni-compartmental knee to a total knee replacement in October 2006. The operation was performed by the same surgeon who failed to correctly align the tibial and femoral component of the knee replacement. The knee remained unstable with gross medial collateral ligament instability and our client remained in significant pain and found it difficult to walk.
In March 2007 our client was advised to undergo further surgery to her right knee in an attempt to alleviate pain and improve mobility. The corrective surgery to the right knee was performed in August 2007. This involved insertion of a rod in both the femur and tibia to stabilise her knee. Her surgery was again performed by the same surgeon but it did not resolve her pain or improve her mobility.
Our client was then transferred to a different hospital regarding the management of her right knee. She was advised that her disability was now permanent and unlikely to improve. Even if she proceeded to undergo further revision procedures, she would have still been left with residual pain, discomfort and limitation following the multiple surgical interventions which caused insults to the soft tissues, scarring and neural damage.
Currently, our client continues to have significant pain in her right knee which restricts her mobility and activities of daily living.
We obtained supportive, independent medical evidence from a Consultant Orthopaedic Surgeon and thereafter submitted a Letter of Claim to the hospital Trust in which it was alleged that the surgeries in June 2006 and October 2006 were performed negligently. In response, the Defendant admitted liability.
We were successful in negotiating an excellent settlement for our client and compensation of £300,000.00 was agreed in full and final settlement. The settlement covered both past and future losses which will allow our client to implement an appropriate care package for the rest of her life and allow her to purchase a suitably adapted bungalow. The Defendant also agreed to pay our client’s legal costs and expenses.
If you have suffered as a result of clinical negligence, please contact Helen Morland, Partner in our Clinical Negligence team.