Compensation recovered for substandard knee surgery

The claimant had a history of recurrent chronic knee pain and dislocation of both kneecaps.

He underwent knee surgery (medial patello-femoral ligament and tibial tuberosity transfer) at the New Cross Hospital (The Royal Wolverhampton NHS Trust).

He was discharged with instructions to remain non-weight bearing for 4 weeks. Ten days later, he felt a cracking below the knee and was taken to A&E by ambulance. He was admitted but discharged 2 days later in a brace and the plan was for physiotherapy.

Unfortunately, the claimant remained in pain in his knee with limited mobility.

The defendant admitted that the surgery was substandard as the osteotomy fragment used was too thin and that the surgery was bound to fail.  However, the defendant denied that the claimant’s ongoing knee problems were due to the negligence.

The claimant’s case was supported by independent orthopaedic expert evidence that the claimant’s pain would not have been present had the surgical error not been made.  Further, his need for revision surgery later in life had been accelerated.  He would always have needed an element of care and assistance in any event due to inevitable knee deterioration and other orthopaedic and mental health problems, however this was now greater.

Despite the defendant denying that any injury had been caused, the claim settled for damages of £175,000.

Jenny Hawkes specialises in clinical negligence cases.  If you would like to ask Jenny a question about a potential case, or if you have a general query about any personal injury, contact Jenny Hawkes at Thomson Snell & Passmore solicitors on 01892 701374 in confidence.  We offer no win no fee agreements for the vast majority of our clinical negligence and personal injury cases.