You could potentially receive tenss of thousands of pounds in negligent knee replacement compensation upon the success of your potential claim. This is due to the fact such damage doesn’t stop at the knee itself: the impact on your mobility, time off work, the inability to carry out household tasks, these can all influence the final payout and have serious ramifications for your mental health.
So, Legal Expert has put together this guide to making a medical negligence claim after your knee replacement surgery goes wrong. Surgeons, like any other medical professional, must conduct all procedures to the correct standard of medical care, and when this does not occur, patients could be seriously harmed.
If you’ve experienced medical negligence and you’d like to know more about starting a claim in your particular circumstances, talk to one of our friendly advisors today.
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You could potentially receive up to £117,410 for the most severe knee damage, per the guidelines from the Judicial College (JCG). While such extreme cases are rare, they do highlight how significant compensation can be awarded for avoidable harm caused in a negligent knee replacement operation.
Solicitors determine possible compensation figures by using your medical evidence alongside the JCG. The JCG publication, as it’s referred to, details guideline brackets for a range of harm, including damage to the knee. Payouts for physical and psychological distress are awarded under general damages, with the JCG brackets used as a reference point. You may also be compensated for associated financial losses under special damages, which you can read more about in the relevant section.
Below you’ll see the JCG values for knee injuries, and we hope it gives you a better idea of the compensation that could potentially be awarded upon the success of your potential claim.
Compensation Amounts
It is important we emphasise that the first bullet point was not taken from the JCG and that this information is intended to act as guidance only.
Very Severe harm with special damages including a loss of earnings, medical expenses and care needs. – Up to £500,000 +
Knee Injuries – Severe (a)(i) – Disruption of the joint, gross ligament damage and loss of function. – £85,100 to £117,410.
Knee Injuries – Severe (a)(ii) – Leg fracture extending into the knee. – £63,610 to £85,100.
Knee Injuries – Severe (a)(iii) – Less severe injuries with continuing pain or limitation of movement. – £31,960 to £53,030.
Knee Injuries – Moderate (b)(i) – Injuries including dislocations, torn cartilage and meniscus. – £18,110 to £31,960.
Knee Injuries – Moderate (b)(ii) – Similar to above but less serious and shorter periods of acceleration or exacerbation. – Up to £16,770.
You can learn more about how compensation may be calculated in your particular circumstances by speaking to one of our friendly advisors today.
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Calculating The Value Of A Negligent Knee Replacement Claim
There are several factors that solicitors will consider when calculating the value of your knee replacement claim. A brief overview of the considerations has been provided here but we should emphasise that each claim will have its own specific circumstances so this information should be treated as a rough guide.
Potential factors can include:
The seriousness of the harm caused to your knee, surrounding ligaments and tendons and the rest of the leg.
Any time taken off work and future absence or the need to work reduced hours or in a different role.
The cost of domestic care and support.
Loss of amenity. This means a loss in your quality of life, for example if the harm you experienced means you can no longer participate in sporting activities or other hobbies.
The psychological impact of the damage to your leg.
You can inquire further about the specific factors that affect your potential claim by speaking to our advisors today. Use the contact information given below to get through to one of our dedicated advisors.
Can Knee Replacement Compensation Cover Financial Losses?
Yes, knee replacement compensation can cover financial losses as part of the overall payout. These costs are reimbursed under special damages, and we’ve set out several possible examples here.
As special damages payments can be made for both past and future losses, it is very common to see these figures be substantially higher than what is paid out for the injuries themselves.
Loss Of Earnings
You would have needed time off work to recover from the surgery if it had been successful. A negligent knee replacement will have a longer recovery period, additional surgeries and other complications. Therefore, you can receive compensation for any loss of earnings due to this absence.
Future Loss Of Income
If you can no longer work the same hours as before, need to work in a reduced capacity or the harm caused requires an extended absence, compensation can be paid out for a future loss of income as well. The solicitor will calculate these figures for you during the claim.
Cost Of Care
A damaged knee can seriously affect your mobility as well as your ability to bend, lift and complete household tasks. Domestic care and support could be provided for the following:
Caring for children and other dependents.
Preparing meals.
Cleaning, laundry and ironing.
DIY tasks and tending to any outside space.
Washing or cleaning yourself.
Medical Costs
Prescription medications as well as private healthcare from specialist clinics may be required following a case of medical negligence. The costs of any necessary medical treatments may be reimbursed.
Recovery And Rehabilitation Expenses
Recovery and rehabilitation expenses include treatments such as physiotherapy to rebuild your strength, occupational therapy to help you adapt to the harm caused and psychological services and support such as counselling and talking therapies. All of these can come at a cost which you can be compensated for.
Home Or Car Adaptations
Modifications to your home can include ramps, raised furniture, personal alarm systems and walk-in showers. A car with hand-operated acceleration, additional cameras and other sensors may be necessary if the damage caused to your knee prevents you from operating the standard car controls.
Cost Of Travel
Travel expenses, including bus and train tickets, or more specialised transportation in serious cases, to and from the hospital or appointments with other medical specialists, can form part of special damages.
Other Expenses
Other expenses that may not fit neatly into the above categories can still be compensated. This could be reimbursement for leisure activities and holidays you can no longer attend but cannot cancel due to time constraints, for example.
Now, claiming special damages will require you to provide supporting evidence of any costs incurred. Your payslips, travel tickets, bills for care and other services can all be used so make sure you hold onto these.
To learn more about claiming compensation for negligent knee replacement surgery in your specific case, or for a free eligibility check, speak to our advisors today using the contact details given above.
Case Study – £200,000 Compensation For A Knee Replacement
Our example* case study examines the particularly complex case of a client who received £200,000 compensation for a knee replacement after surgical errors caused them significant avoidable harm.
The client was scheduled to have a routine knee replacement surgery on their right leg. Examinations by doctors prior to the procedure found a natural bone deformity at the bottom of the femur (thigh bone). It was noted that the presence of this deformity made the procedure more difficult to carry out and could lead to additional complications, with notching of the femur being unavoidable. The surgical notes for the operation contained all of this information.
Following the knee replacement, the claimant realised their pain levels were much higher than expected. Doctors found a fracture above the replaced joint and conducted a second procedure to insert a plate into the leg. 2 years later, the claimant fractured the same leg in a fall, requiring a third surgery.
Upon seeking professional legal advice, it was alleged that a failure to take into account the existing deformity is what led to the subsequent fractures and knock-on impacts on the claimant’s life. Acquired medical evidence supported the following findings:
The surgeon had failed to account for the existing deformity, despite its inclusion in the patient notes and concerns noted by other doctors that it would cause complications.
A failure to correctly angle the surgery to avoid notching the bone as far as possible made the fracture more likely.
There was also a failure to take necessary steps in the immediate aftermath of the surgery to avoid future instability and therefore, fracturing of the leg.
The multiple fractures alongside continual mobility issues led to the claimant having to leave their job, which had the knock-on effect of significant emotional distress.
What Was The Result?
The result of the claim was that the patient received their compensation. Despite the claimant’s healthcare provider initially refusing liability and arguing that the correct standards had been upheld, the healthcare provider settled for £200,000.
To learn more about how to claim for a negligent knee replacement like the claimant listed above, talk to one of our advisors today.
Can I Claim Compensation For A Negligent Knee Replacement?
Yes you could be eligible to claim compensation for a negligent knee replacement if it can be demonstrated that a medical professional failed to provide care that met the correct standards.
The criteria in order to claim medical negligence compensation have been summarised here:
You Were Owed a Duty of Care. A duty of care means a legal responsibility to safeguard the wellbeing of others. The medical professionals’ duty of care is to provide medical care that meets the correct standards for their specialism and experience level.
That Duty of Care Was Breached. When care falls below the expected standards, this is said to be a breach of duty. This can include errors during the surgery, mistakes on your patient notes and prescribing the wrong medications after the surgery.
You Suffered Avoidable Harm. “Avoidable harm” means harm caused to the patient that would not have occurred had the correct standards been upheld. For the purposes of making a medical negligence claim, medical negligence is defined as a breach of duty that results in avoidable harm.
To find out if you could be eligible to make a knee replacement compensation claim, or to get further insight into the medical negligence claims process, speak to one of our friendly advisors today.
How Might Negligence Occur During A Knee Replacement?
We mentioned a few possibilities of how negligence may occur during, or around a knee replacement in the above section: mistakes during surgery, medication errors and so on. Below we’ve provided some more detailed scenarios to provide guidance on how the expected standards of care may be flouted.
Possible examples can include:
During your knee replacement surgery, the surgeon made an error and severed one of the nerves. The extensive nerve damage resulted in you being immobile for much longer, and additional surgical procedures were required to repair the damage caused.
Due to a mix up with your notes and those of another patient, you were administered an anaesthetic you had a known allergy to. You suffered a severe allergic reaction because of this.
Following your surgery, you were prescribed a much higher dose of painkillers than you should have been. This medication error caused a serious adverse reaction.
Other complications not listed may have arisen in your specific case that amount to medical negligence. To learn more about starting a claim in your particular circumstances, please get in touch with our advisors using the contact information given below.
What Are Some Signs That A Knee Replacement Was Negligent?
Signs that a knee cap replacement was negligent are similar to those in other surgical procedures: pain, swelling, discolouration of the skin, and so on can all point to something being wrong. If you do suspect errors were made, or you’re experiencing atypical side effects, seek professional medical help immediately.
We have used the NHS resource on complications of a knee replacement to inform our guidance and summarised the key points for you here. Potential signs of a negligent knee replacement can include:
Infections in the wound itself. If your skin feels warm to the touch, is swollen, red in colour or leaking fluid, these can all be signs of an infection.
Nerve and tissue damage.
Ongoing mobility issues such as instability, problems with bending or persistent pain and stiffness.
Blood clots or Deep Vein Thrombosis.
While these signs may not necessarily indicate medical negligence has occurred, any complications you experience still need to be investigated by medical professionals.
How Can I Support A Knee Replacement Compensation Claim?
You can support a knee replacement compensation claim by gathering a strong body of supporting evidence and following some key steps. Seeking appropriate medical attention, getting advice from a specialist solicitor and ensuring any claim is being brought within the correct time limit will all give your potential claim the best chance of success.
Seek Professional Medical Care
The most important thing after experiencing suspected medical negligence is to get examined by a medical professional. Our first and foremost concern is your health and wellbeing, but getting the right medical attention also helps prove your potential claim. Any medical records from your treatment can be used as supporting evidence for any legal action.
Gather Evidence
Gathering strong supporting evidence is how you prove medical negligence occurred during your procedure. We’ve provided some examples of such evidence here:
Medical records from both the negligent knee replacement as well as any follow up appointments and additional care to correct the harm caused. This can include documents such as X-rays and other scans, any blood tests that were performed or post surgical reports.
Family, friends and members of your medical team could all provide a witness statement. Pass any relevant contact details to the solicitor so these persons can be reached during the claim.
Findings from the Bolam test, where applicable.
TheBolam test involves a panel of medical professionals from the relevant field, in this case, that would be orthopaedic surgeons, assessing the level of care you were given to confirm if the correct standards were met. While not definitive on its own, and the test isn’t used in all cases, it can still be useful evidence for your claim when applied.
Keep A Record Of How The Avoidable Harm Has Affected You
We strongly advise keeping a diary that not only contains details of medical appointments related to the additional damage to your knee, but what impact it has on your life. If you have to take a taxi to these appointments because you can’t drive, you can save the receipts. Additionally, you can also keep track of your mood and whether this unnecessary suffering is affecting your mental health.
Seek Legal Advice
Legal Expert’s dedicated advisory team can offer free legal advice and tell you if you have a valid claim in just a few minutes. If your claim for harm suffered due to a knee replacement gone wrong has merit, you could be connected to one of our specialist No Win No Fee solicitors. Consulting a legal professional will be a great help to you, as they can advise you on the likelihood of compensation, assist you in collecting the right evidence, and negotiate on your behalf. You can see more about what our solicitors can do for you towards the end of the guide.
Pay Attention To The Time Limits
Medical negligence cases typically are subject to a 3-year time limit, but certain exceptions may be relevant in your particular instances, so make sure you check with the solicitor. The 3 years can run from the date of the knee surgery, or the date in which you first realised that the damage to your knee was caused by substandard treatment (such as following a letter or consultation with a surgeon).
If you have further questions on gathering evidence or what to do following negligent knee surgery, get in touch with our advisors today.
Claiming For Negligent Knee Replacement Compensation With Legal Expert
By claiming for negligent knee replacement compensation with Legal Expert, you’ll benefit from our decades of experience across multiple areas and a proven track record of success.
Why Choose Our Solicitors After A Negligent Knee Replacement?
Choosing to work with our solicitors after a negligent knee replacement surgery means you will be working with highly capable legal professionals who have helped more than 12,000 clients and won over £100 million in compensation.
Here are just a few of the ways our solicitors can support you during the claims process, and the services they can provide:
Calculating a compensation figure for the claim that accurately represents the extent of the harm caused as well as your financial losses.
Supporting you with gathering evidence.
Contacting witnesses to take statements using the details you have provided.
Ensuring all relevant instructions and deadlines from the court are met.
Communicating with the defendant’s solicitors and keeping you informed of all developments.
Helping you to understand all the tricky language so you know exactly what is happening with your claim. Legal Expert has also produced a helpful glossary page to assist you in this regard.
Meeting with the defendant’s solicitors and negotiating a resolution to the dispute.
Finding the right barrister to present your case in court if a hearing proves necessary.
We’d like to emphasise that the majority of medical negligence claims are settled outside of court. However, if your particular claim does reach the trial stage, Legal Expert will continue to be by your side until its conclusion.
No Win No Fee Knee Replacement Claims With Legal Expert
Legal Expert’s solicitors work on purely No Win No Fee terms, providing their services to eligible claimants under a Conditional Fee Agreement (CFA). This contract means the claimant will not be on the hook for any service fees at the start of or during the claims process. There is also no service fee if the claim is lost.
Per The Conditional Fee Agreements Order 2013, the solicitor will take a success fee from the compensation if the claim succeeds. The law imposes a cap on the percentage that can be charged for this fee, restricting the charge to 25%.
Contact Our Solicitors To Begin A Claim
You can get in contact with one of our solicitors by first contacting our advisors. Our team can provide further information on making a medical negligence claim, as well as offer a free eligibility check to everyone who gets in touch. Talk to us today using the details given here:
You can see the standards and guidance from the Royal College of Surgeons on their website.
Read more about the claims management work conducted by NHS Resolution.
We’d like to thank you for reading our guide to claiming knee replacement compensation. Further guidance, as well as a free eligibility check, can be sought from our advisory team via the details provided above. *Thank you for reading our example case study.
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