Financial & Legal News

Client Recovers Compensation After Unnecessary Knee Operation

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A client who had knee pain and went into the operating theatre for what she thought was knee replacement surgery was left with life changing problems after medics failed to adequately diagnose her problems before the operation. The client came to Pearson Solicitors to pursue her clinical negligence case as the procedure had left her scarred, in pain and with limited movement of her knee. 

A settlement of £13,500 was made in her favour.

A Consultant Orthopaedic Surgeon at North Manchester General Hospital recommended patella-femoral replacement, or total knee replacement, after she had been diagnosed with arthritis following an arthroscopy.  It was only when she was back on the ward that she discovered from a junior doctor that she had not had the expected surgery, but instead they had “opened up the knee, performed a microfracture and cleaned it out”.

Pearson Solicitors’ investigation into the claim revealed that alternative strategies should have been considered before invasive surgery was carried out. These could have included physiotherapy, pain management and cortisone injections.  There was a failure to perform an MRI scan which would have given a clearer picture of the extent of the client’s knee problems and avoided the surgery altogether. The microfracture procedure that our client underwent could have been done by keyhole surgery, as opposed to arthrotomy, or cutting the knee open. The surgeon who operated noted in theatre that the damage to her knee was minimal and he could not justify proceeding with the implant surgery. The surgeon made this realisation too late and our client had 28 staples to close the surgical site. Our client was left with a sizeable scar and faced a prolonged recovery period where she had significant pain, reduced mobility and required care and assistance from her son.

Commenting on the award, solicitor Kenneth Lees said:  “Our investigation into the claim led to us securing admissions from The Pennine Acute Hospitals NHS Trust. The Trust admitted that my client underwent an unnecessary arthrotomy, has sustained a large scar and faced over six months of reduced mobility and pain as a result of the failure to correctly investigate and diagnose the extent of her knee problems.

"My client would have avoided all of these adverse outcomes if the orthopaedic surgeons had fully investigated her problems. I am pleased that the Trust has offered my client a full written apology in addition to the monetary compensation that we secured for her.”

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.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.

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