Wrong Size Knee Replacement Leads to Settlement for £20,000

May 20th, 2011

In May 2006 *Rachel* underwent a knee replacement procedure at her local hospital in Yorkshire.

Following the knee replacement Rachel continued to suffer pain and discomfort and complained of this on a number of occasions to her physiotherapist and GP. Rachel was struggling to carry out a number of the physiotherapy exercises because she had such reduced movement in her knee.

By the end of July 2006 Rachel’s GP was so concerned about her slow recovery that he referred her for investigations and to have a manipulation procedure on the knee.

After the manipulation procedure Rachel did not feel that her position had been improved at all either in relieving the pain or increasing the range of movement.

By January 2007 Rachel felt she could no longer manage the pain that she was in and returned to her GP once more and was referred back to the hospital who simply sent Rachel for further physiotherapy which gave no further relief from her symptoms.

During February 2007 Rachel underwent a number of x-rays through the hospital but no concerns were raised following these, even though one showed that her leg was not straight.

In May 2007 Rachel returned to her GP and asked to be referred for a second opinion. She was referred to a different hospital in Yorkshire. Rachel underwent a thorough review by the consultant there and was informed that one component of her knee replacement was too big and that this was the cause of all of her pain and difficulties walking.

Rachel underwent surgery in December 2007 to replace the incorrect part of the knee following which Rachel commenced a long recovery process. She has not yet fully recovered and has been informed that there is little more that can be done.

Rachel contacted Alex McKnight, a specialist in clinical negligence matters at Pryers Solicitors, in February 2009 and investigations into her case commenced.

Medical evidence on Rachel’s current condition and prognosis was commissioned initially, in addition to further evidence on the failings of the initial hospital.

Lengthy negotiations commenced to settle the claim and in March 2011 an offer was made by the Defendant to settle the claim for £20,000.

The Defendant also paid all of Rachel’s costs incurred in the case so she received 100% of her compensation.

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Claim after failure to re-operate on painful knee

April 14th, 2010

Surgery can lead to clinical negligence claimsHere in York at Pryers solicitors a settlement was agreed in the case of a woman who had a knee replacement operation.  After the operation had been carried out she complained that she was suffering from a foot drop.  Her complaints were not heeded by the hospital staff and the opportunity to operate again to repair the nerve damage was lost.  The Defendant hospital, through the NHS Litigation Authority, denied liability for a long time.  Eventually liability was conceded not on the basis that the operation had been carried out negligently but that they should have re-operated and this could have potentially repaired the nerve damage.  After negotiations a settlement was agreed in the case in the sum of £18,000 reflecting mainly General Damages for the pain, suffering and loss of amenity.  There were no loss of earnings because the woman was already retired from work.

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Man sues Somerset hospital after ‘botched’ knee op

September 2nd, 2009

Man sues Somerset hospital after botched knee op

A man from Bristol is taking legal action against a Somerset hospital after claiming that a botched knee operation left him in pain and unable to work.

Terry Heath, 65, needed a knee replacement and was told in 2004 that it would be performed by a Swedish surgeon at Weston-Super-Mare General Hospital. The foreign medics had been flown over to alleviate the shortage of doctors in Britain.

However, Mr Heath – who has a condition which means he has shorter than average limbs – claims the operation went so badly that he needed another a year later and is now barely able to walk.

He alleges that the surgeons were not suitably qualified and that he should have seen a specialist because of his condition.

"I would not have had it done if I had known about this. This has changed our lives completely. I can’t even get into the bath," the victim remarked.

He is now taking legal action against the hospital, which declined to comment.

Last month, it was revealed that clinical negligence payouts reached £807 million last year, up by 22 per cent on the figure from 2007-08.


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Oil worker in ‘botched’ operation claims compensation

August 11th, 2009

Oil worker in botched operation claims compensation

An offshore oil worker is seeking compensation from NHS Grampian, claiming that a ‘botched’ operation on his knee ruined his life.

Davie Jamieson, 54, went into Woodend Hospital in Aberdeen to have an artificial joint fitted into his knee in February 2008, the Press and Journal reports.

However, doctors wrongly fitted the joint to the outer side of his left knee, when he should have been given a full knee replacement.

Mr Jamieson claims this has left him crippled and depressed. He is unable to sit down for long periods and has difficulty sleeping.

The victim claims that the operation was a disaster due to human error and that it would have been fine if he had the correct procedure in the first place. He is seeking a payout from the NHS for the pain and suffering he was caused.

"I feel very angry about what happened to me because doctors ignored me when I told them the pain was coming from the inner side of my knee," he commented.

Earlier this month, the same publication reported that surgical teams at north and north-east hospitals made 1,200 clinical errors between 2004 and 2008.
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