Compensation for a fall after replacement knee surgery

When our 79-year-old client returned home after knee replacement surgery and had a severe fall we were able to secure a £35,000 settlement when the hospital in charge of her care were negligent.

Prior to the incident our client had been an active woman living in a flat and went out walking regularly with her dog. After the fall, in which she suffered a distal radius fracture, a break in the radius bone near the wrist, she struggled to prepare food, her confidence was shaken and she is no longer able to enjoy long walks with her dog.

Care following knee replacement surgery

Our client was initially referred to hospital with pain and swelling in her knee, she had begun to have increasing mobility issues and X-rays confirmed advanced degenerative changes affecting the patellofemoral joint. After discussions with a consultant she was referred to a knee surgeon, it was noted at the time that she required a red care bundle - that is care interventions that are evidence-based and used to manage a particular condition.

Following this consultation, further tests and monitoring, she was listed for a total knee replacement at the Highfield Hospital, Rochdale.  She advised staff that she could get a lift on the day of surgery but would need ambulance transportation home.

Mobility Assessment

Her pre-op physiotherapy was done by telephone and it was noted by our medical negligence solicitors that had this appointment been in person her mobility assessment for post-operative care would have been more thorough and could have perhaps prevented her fall.

The surgery went well and our client’s recovery was as expected.  She was able to walk with a zimmer frame and mobilised around her room.  Two days later she explained to hospital staff before discharge that there was a significant walk from the car park and her second floor flat was accessed via steep stairs.  In her following hospital stair assessment with physiotherapy she was only tasked with ascending a few mobile steps.

Breach of duty of care

On leaving hospital our client said she felt fatigued.  She was not taken home by ambulance, her brother assisted her, but not before he expressed concern over the steps.  When our client returned home she fell at the top of the stairs and collapsed forwards, hurting her wrist and banging her knee.

Her brother telephoned Highfield Hospital for advice but the orthopaedic surgeon failed to return the call.  The next day the family were advised to take her by ambulance to the Royal Oldham Hospital for x-ray and treatment.

“A full stair assessment should have been made, her fatigue on discharge noted, non-emergency ambulance transportation should have been arranged especially when it had been requested and there was a failure to follow up on mobility issues.  If all this had been done properly my client would have been assisted in her return home and I am confident her fall could have been prevented,” said Medical Negligence Solicitor, Daniel Phelps.

Circle Health Group, which runs the Highfield Hospital admitted a breach in duty of care and a £35,000 out of court settlement was made, this included special damages for further treatment, costs and care.

“This was clearly a case of mismanaged care,” “The Trust’s own policy states that patients highlighted as being in the red care bundle and in need of a mobility assessment should be seen for a face to face consultation by a physiotherapist.” added Daniel.

How can we help?

For legal advice on making a medical negligence claim contact our specialist medical negligence solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.