Here we are looking at a complex personal injury case study. The claimant in this case suffered a fracture of their right femur bone whilst they were having routine surgery for a knee replacement. The claimant was undergoing a total knee replacement on their right leg when they suffered complications as a direct result of negligent treatment on the part of their doctors before surgery during the operation and afterwards during treatment. The knee replacement complications had a long term effect on the claimant’s quality of life and ability to do things. As such they were awarded a large amount of knee replacement compensation.
At Legal Expert the specialist legal solicitors we work with have helped people from across the country who have had NHS misdiagnosis complications to recover the damages they are owed.
If you have queries, such as “can I claim for a knee replacement?”, there are several ways you can contact us completely for free.
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This case study helps illustrate how you could receive compensation for a negligent knee replacement. To learn more about this case study, read below.
Select a Section
- NHS Misdiagnosis Compensation
- Negligent NHS Knee Replacement And Later Injuries Suffered In This Case
- Establishing Liability In NHS Medical Negligence Cases
- Can I Claim For A Knee Replacement?
- No Win No Fee Personal Injury Solicitors
- Contact Legal Expert Today
- Answers to FAQs Regarding How to Receive Knee Replacement Compensation
- Useful Links
NHS Misdiagnosis Compensation
NHS misdiagnosis compensation claims can be brought against the NHS where it can be shown that they have failed to correctly diagnose a condition or give an accurate prognosis. In order to bring a case such as this, claimants and solicitors need to show that the healthcare professional was liable and at fault, in that they failed to correctly carry out their duties in some way, and that this was the cause of the injury, disease or other condition suffered by the claimant.
When seeking compensation for a negligent knee replacement, you need to show that the medical professional’s duty of care went below the accepted standard they are required to provide when treating you. You also need to demonstrate that this breach of duty of care caused you harm.
In the case of a knee replacement complication, such as in our case study, we can see that the initial knee replacement led to a condition that occurred several years later, but was attributed to the way the knee replacement was performed. Therefore, it was treated as a case of NHS medical misdiagnosis.
Negligent NHS Knee Replacement And Later Injuries Suffered In This Case
Prior to the knee replacement being carried out it was noted by doctors that the claimant did have a natural deformity in the bottom part of the thigh bone (on the same side as the knee replacement). Doctors noted that this would make the operation technically harder to carry out successfully and that it could lead to a knee replacement complication of some kind. Notes for the operation did refer to the deformity and also noted there would be inevitable notching of the femur bone as a result.
Immediately after the knee replacement was carried out the claimant noted that they were in greater pain than expected. Doctors carried out an X-ray and found a fracture in the femur above the replacement knee joint. A second operation was then carried out to fix the fracture with a plate and pins.
Two years after the knee replacement the claimant had a fall. They suffered a further fracture to the same leg, just above where the metal plate was fixed. The claimant had further surgery to correct this fracture as well.
A relative acting on behalf of the claimant approached a no win no fee solicitor to make a knee replacement compensation claim, alleging that this initial surgery was the cause of the claimant’s subsequent fractures as well as the extended knee operation recovery time.
Establishing Liability In NHS Medical Negligence Cases
Solicitors acting on behalf of the claimant sought expert medical evidence to support the claim. They looked at the circumstances around the claimant’s initial assessment and the surgery, as well as taking things such as knee operation recovery times into account. They stated that the surgeon who performed the knee replacement was negligent. The claim alleged that the knee replacement compensation should take into account several factors.
These were that:
- the surgeon failed to take into account the existing deformity in the claimant’s leg.
- they had not angled the surgery correctly to avoid notching the bone, which can make fractures more likely
- they had failed to take the steps necessary to ensure the femur would be stable, preventing the second fracture.
Initially, the hospital did defend against the claim and said that the claimants existing leg bone deformity had been taken into account in surgical planning, as well as saying that the surgery had been performed correctly. They went on to argue that the knee replacement surgery was highly complex in this case and that some bone notching was unavoidable.
Furthermore, they argued that the initial fracture was caused by the deformity of the claimant’s bone and the complexity of the surgery undertaken and that there was no NHS medical misdiagnosis in this case. They also denied that the second fracture which occurred two years after the initial operation was linked to the surgery, sighting the bowed femur and fall as the cause of the fracture.
How Much Did The Claimant Receive For A Negligent Knee Replacement?
The claimant still suffered from knee pain a lot of the time and the joint was prone to giving way when walking. This also restricted her ability to walk. As a result of this and other existing conditions, the claimant was forced to give up work and subsequently developed depression.
The defence argued that leaving work was the result of other existing conditions and the depression, rather than the other way around, arguing that the defendant had already left work before the initial knee replacement surgery.
The case was taken to court with a date fixed. However, two months before the court case the defendant settled and £200,000 in knee replacement compensation was secured for the injury itself, as well as pain and suffering, the inability to work, loss of earnings and other costs.
Can I Claim For A Knee Replacement?
You may be wondering, “can I claim for a knee replacement?” While we would need to assess how your condition occurred before providing you with a definitive answer, there are important aspects to consider. It’s not enough that you suffered unnecessarily because of undergoing a knee replacement; you need to show that this happened because of a breach of duty of care.
Therefore, you can only receive compensation for a negligent knee replacement if you can sufficiently prove that negligence was a contributing factor to the injury. In the case of medical negligence, you would need to show that negligence from a medical professional led to your injury.
Regarding the amount of compensation you could receive, it depends on factors, such as the severity of the injury and how long it has taken for you to recover. Below is a list of injuries and their relevant general damages compensation bracket, provided by the Judicial College.
| Injury Type | Severity | Bracket of Compensation | Symptoms of Injury |
|---|---|---|---|
| Knee | Severe (i) | £65,440 to £90,290 | This serious injury causes joint disruption, leading to symptoms like osteoarthritis, considerable pain, loss of function and a lengthy treatment period. |
| Leg | Amputations (i) | £225,960 to £264,650 | Loss of Both Legs |
| Knee | Severe (ii) | £48,920 to £65,440 | Leg fracture extending to the knee leading to constant pain that is permanent, limiting movement and impairing agility. |
| Leg | Amputations (ii) | £189,110 to £253,480 | Below-Knee Amputation of Both Legs |
| Knee | Severe (iii) | £24,580 to £40,770 | Injuries that cause less severe disabilities but still cause symptoms like continuous discomfort and pain, movement limitation and deformity. |
| Leg | Amputations (iii) | £98,380 to £129,010 | Above-Knee Amputation of One Leg |
| Knee | Moderate (i) | £13,920 to £24,580 | Dislocation, torn meniscus or cartilage causing instability that is minor in nature, weakness, wasting or other mild disabilities in the future. |
| Leg | Amputations (iv) | £91,950 to £124,800 | Below-Knee Amputation of One Leg |
| Knee | Moderate (ii) | Up to £12,900 | Lacerations, twisting or bruising injuries that can cause continuous discomfort or aching. |
Please remember that this only indicates what you could receive. Furthermore, these amounts don’t include what you could receive for special damages. Special damages is the amount you receive for the financial losses suffered due to the injury. This can include loss of earnings, medical costs or travel expenses.
Our compensation calculator can provide you with an estimate in just a few clicks. This can give you an idea of what compensation you could receive for your specific injury. However, if you prefer, to learn more about claiming for a negligent knee replacement, please contact us for free legal advice at a time that works for you.
No Win No Fee Personal Injury Solicitors
At Legal Expert, we work with specialist No Win No Fee solicitors to help people make a knee replacement compensation claim after they have sustained an injury caused by third-party negligence. No win no fee services are often also known as a Conditional Fee Agreement. These contracts work by setting out the services and work that the solicitor will provide to the claimant, as well as detailing the payment terms and structure.
Typically, no win no fee means that if a solicitor does not win a case, the claimant won’t have to pay a penny. There are no upfront fees or costs and no ongoing charges. Instead, the solicitor’s success fee is deducted as a percentage of the final compensation which is awarded, in this case, it would be less than 25% of the knee replacement compensation received.
Across the country, no win no fee solicitors help people to secure compensation that they may not otherwise have been able to get. The misdiagnosis compensation amounts a solicitor can secure for a claimant depends on the nature of the injury, as well as costs that the claimant has incurred. To start your knee replacement or other compensation claims, talk to Legal Expert today.
Contact Legal Expert Today
Start your knee replacement compensation claim today and recover the damages which you could be entitled to claim by talking to the specialists at Legal Expert. We help claimants across the country to claim the compensation that they are entitled to.
Legal Expert ensure that we provide claimants with all the relevant information and advice about their claim and the claims process to help people make a successful claim. Our panel of specialist legal solicitors have as many as three decades of personal injury claims experience. Find out more about starting your claim by calling us today on 0800 073 8804. You can also email Legal Expert about your case at info@legalexpert.co.uk. Finally, you can also contact us via the chat feature on our website. Start your claim today.
Answers to FAQs Regarding How to Receive Knee Replacement Compensation
This section provides answers to frequently asked questions regarding claiming for negligent knee replacement.
What Happens If A Knee Replacement Is Rejected?
If you suffer from a rejected knee replacement, symptoms you could suffer include stiffness or swelling of the joint, a decrease in joint function, pain and knee instability. You should seek medical attention if this is the case.
What Causes A Failed Knee Replacement?
There are many potential issues that could lead to a failed knee replacement. These include leg fractures, infections, wear and loosening and stiffness. Refer to the NHS website to learn more about how a knee replacement is performed as well as other useful information about the procedure.
Useful Links
Clinical Medical Negligence
Use our medical misdiagnosis compensation calculator to see examples of misdiagnosis compensation amounts and what you could be entitled to.
Fractured And Broken Bone Claims
If you have had a fractured or broken bone and need to make a compensation claim, view our guide to see how much compensation you could be entitled to.
Knee Replacement
Practical information on what to expect if you need a knee replacement with this handy guide from the NHS.
Other Useful Compensation Guides
- Cosmetic Surgery Claims How Much Compensation Can I Claim For Negligence?
- How Much Compensation Can I Claim For A Hospital Infection?
- How To Make A Wrong Site Surgical Negligence Claim
After reading this guide, if you’re still unsure what the answer is regarding questions like “can I claim for a knee replacement?”, please contact us for free legal advice. You can do so using the details above. We can tell you in one phone call if you’re eligible to claim and can either provide you with an estimate.
