You may wonder whether you could be eligible to claim compensation if your knee replacement has gone wrong. All medical professionals owe their patients a duty of care. This means that they have a responsibility to provide the correct standard of care. Should they fail to do this and cause you to suffer avoidable harm, you could be eligible to make a medical negligence claim.
Knee replacement gone wrong claims guide
However, it is important to state that just because a knee replacement operation has gone wrong, this does not mean that a surgeon breached their duty of care. They could have provided the correct standard of care and done everything possible to treat you. However, a factor outside of their control meant you suffered harm. For this, you will be unable to claim compensation.
Continue reading to learn how knee surgery could go wrong, when this may be caused by medical negligence and how it could impact you. You can speak to one of our advisors for free legal advice. They can answer any questions you may have and provide information regarding the services of a No Win No Fee solicitor. Our advisors are available 7 days a week, 24 hours a day. Therefore, you can get in contact at a time that suits you.
Get in touch by:
- Calling us on 0800 073 8804
- Filling in our contact form
- Writing to a member of our team using the live chat feature on this page
Select A Section:
- What Is A Knee Replacement That Has Gone Wrong?
- How Could Medical Negligence Occur During Surgery?
- How Could You Be Impacted If A Knee Replacement Has Gone Wrong?
- How Could You Prove Medical Negligence?
- How Much Compensation Could Be Awarded For A Successful Medical Negligence Claim?
- How Might I Benefit From A No Win No Fee Agreement?
- Further Information On Claiming Compensation After A Knee Replacement Gone Wrong
What Is A Knee Replacement That Has Gone Wrong?
Knee replacement is an arthroplasty procedure; it involves replacing a worn, diseased or damaged knee with an artificial joint. But what happens when a knee replacement has gone wrong? A compensation claim may be possible if a knee replacement goes wrong due to medical negligence.
You could be eligible to claim compensation for the avoidable harm you suffered as a result of medical negligence. However, it is important to be aware of the eligibility criteria that must be met. This is as follows:
- A medical professional owes you a duty of care
- They then breach this duty of care
- As a result, you suffered avoidable harm
If you are unsure whether you could have the grounds to make a valid medical negligence claim, speak to one of our advisors. Once they have learned a little about your circumstances, they can offer you advice.
How Could Medical Negligence Occur During Surgery?
There are various ways in which surgery could go wrong. Below, we have provided some examples of how medical negligence could occur during surgery:
- During the surgical process, the surgeon operates on the incorrect knee.
- A foreign object is left in the patient’s body after the procedure.
- Too little or too much anaesthesia was administered during surgery
If you have suffered avoidable harm due to a medical professional breaching their duty of care during a knee replacement surgery, please contact our advisors to find out about making a claim.
How Could You Be Impacted If A Knee Replacement Has Gone Wrong?
A knee replacement gone wrong could have a significant effect on your quality of life. In this section, we will look at some of the potential negative impacts you could suffer.
You may sustain physical or psychological harm that could have been avoided, such as:
- A worsened prognosis
- An exacerbation of a pre-existing condition
- Post-traumatic stress disorder, anxiety or depression
- Physical pain and suffering
- More extensive, long-term, painful or invasive treatment
Additionally, you could suffer financially as a result of medical negligence. For example, if the avoidable harm you suffered prevents you from working, you may struggle financially due to the loss of income. Please speak to a member of our team to find out whether you could be eligible to receive compensation for the avoidable harm you have suffered due to medical negligence.
How Could You Prove Medical Negligence?
Should medical negligence have caused you avoidable harm, and you want to pursue a compensation claim, you should gather evidence to prove that a medical professional breached their duty of care. This could include:
- Photographs of any physical injuries, if applicable
- Medical records
- Prescriptions
- A diary of how your medical condition has progressed
- Proof of any financial loss that the medical negligence has caused
Also, we recommend that you seek legal advice. Contact our team of claim advisors to find out more about the evidence you could use to prove medical negligence.
How Much Compensation Could Be Awarded For A Successful Medical Negligence Claim?
If a medical negligence claim for a knee replacement gone wrong is successful, the settlement can be comprised of up to two potential heads of claim: general and special damages.
Under the general damages head of claim, you can be awarded compensation for the harm you were caused by medical negligence. This will take into consideration how this harm affected your quality of life.
Below, we have provided a compensation table using the Judicial College Guidelines (JCG) that were updated for April 2022. Legal professionals, such as medical negligence solicitors, can also use this document to help them calculate an award.
| Type of Injury | Severity | Notes | Compensation Range | |||
|---|---|---|---|---|---|---|
| Leg Injury | Amputation (a)(iii) | One of the person’s legs will be amputated above the knee. | £104,830 to £137,470 | |||
| Knee Injury | Severe (a)(i) | Serious injuries to the knee that disrupt the joint, cause osteoarthritis to develop and lead to further problems such as loss of function. | £69,730 to £96,210 | |||
| Knee Injury | Severe (a)(ii) | This bracket includes injuries such as a fracture of the leg that extends down into the knee joint. This would cause constant permanent pain and further problems. | £52,120 to £69,730 | |||
| Knee Injury | Severe (a)(iii) | Injuries that are less severe than in the two brackets above and/or lead to less severe disability. | £26,190 to £43,460 | |||
| Knee Injury | Moderate (b)(i) | This bracket includes injuries to the knee such as torn cartilage or meniscus, or dislocation which leads to a mild future disability such as minor instability. | £14,840 to £26,190 | |||
| Knee Injury | Moderate (b)(ii) | The injuries that fall within this bracket will be similar to those in the bracket above. However, they will be less serious in nature. They could involve shorter periods of exacerbation or acceleration, bruising, twisting or laceration injuries. | Up to £13,740 | |||
| Scarring | N/A | This bracket can cover a single disfiguring scar or several noticeable laceration scars to the leg(s). | £7,830 to £22,730 |
Please consider the figures in the table above as a guide. The differences between each claim affect the level of the award.
What Are Special Damages?
The special damages head of claim can compensate for monetary losses incurred due to medical negligence. This may include:
- Accommodation alterations due to disability
- Loss of income
- Care costs
- Medical costs
- Travel expenses
However, it is important to understand that you will need to provide evidence to prove these losses. This could include payslips, invoices and travel tickets.
If you would like to find out whether you could make a medical negligence claim for compensation, speak to a member of our team. You could also use a claims calculator to get an estimate of the value of your claim.
How Might I Benefit From A No Win No Fee Agreement?
If you allow one of our advisors to assess your case, and they find that you may have valid grounds to make a claim, they could connect you with one of our No Win No Fee solicitors. If a solicitor offers to work on your case under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement, it can benefit both you and your claim.
Opting to use a solicitor under a CFA will generally mean that you will not make any upfront or ongoing payments for their services. It also means you typically won’t pay for a solicitor’s services at any time should your claim be unsuccessful.
On the other hand, a successful claim will generally mean that a medical negligence solicitor working under a CFA can take a small percentage of the compensation. This is capped by legislation and is commonly referred to as a success fee. A solicitor will explain any payments to you before you enter into an agreement.
Speak With Legal Expert To Start Your Medical Negligence Claim
Have you suffered avoidable harm due to a knee replacement gone wrong? Contact our team of advisors to find out whether you could be eligible to make a medical negligence claim. They can offer you legal advice on how you could proceed. Our claims line is open 24 hours a day, every day of the week. Therefore, you can call us whenever it is convenient for you.
Get in touch by:
- Calling us on 0800 073 8804
- Filling in our contact form
- Writing to a member of our team using the live chat feature on this page
Further Information On Claiming Compensation After A Knee Replacement Gone Wrong
For further information on making a medical negligence claim, take a look at other guides on our website:
- How Much Compensation Can I Claim Against A Doctor For GP Negligence?
- What Are The Time Limits For Suing The NHS?
- Hospital Negligence Claims
- Learn about surgical error claims and find out if you could be due compensation.
Below we have provided more sources for you to explore:
- NHS – When to use NHS 111 online or call 111
- General Medical Council – Concerns
- GOV.UK – Statutory Sick Pay (SSP)
Thank you for reading this guide on whether you may be eligible to make a medical negligence claim after a knee replacement has gone wrong.
