How To Claim For Knee Surgery Gone Wrong
By Lewis Cobain. Last Updated 27th June 2024. This is a guide to the steps you could take if your knee surgery has gone wrong. Medical professionals have a duty to provide their patients with the correct standard of care. Therefore, if a medical professional, such as a surgeon, breaches this duty, causing you to suffer avoidable harm, you may be eligible to claim compensation.
You may wonder, ‘how do I make a medical negligence claim when a knee operation has gone wrong?’ Just because your surgery has gone wrong does not mean medical negligence has taken place. In order to hold a valid medical negligence claim, your case must meet specific criteria. Throughout this guide, we will discuss what the criteria are and what evidence you can use to support your claim
Also, if you would like to speak to a member of our team, don’t hesitate to get in touch. Our team of advisors are available 24 hours a day, 7 days a week. They offer free and confidential legal advice.
To get in touch:
- Call us on 0800 073 8804
- Claim online by completing our form
- Speak with us using the live chat feature on this page
Select A Section
- What Is Negligent Knee Surgery?
- When Could You Claim For Surgical Errors?
- How Could Negligent Knee Surgery Harm You?
- Knee Surgery Gone Wrong Case Study
- Compensation For Knee Surgery Gone Wrong – What Evidence Will I Need To Claim?
- What Payout Could You Get For Knee Surgery Gone Wrong?
- How To Get Help From A Medical Negligence Solicitor
What Is Negligent Knee Surgery?
All medical professionals owe their patients a duty of care. As part of this duty, they need to provide the correct standard of care. If they fail to do so and, as a result, you are caused avoidable harm, this is known as medical negligence.
However, it is important to know that not all cases where a knee surgery has gone wrong may qualify for an eligible claim. A medical professional may have done everything to the correct standard, however, the surgery may have gone wrong for other reasons.
Different types of knee surgery include:
- Knee replacement surgery (arthroplasty)
- Arthroscopy
- Knee ligament surgery
In the following section, we will provide statistics on never events. A never event is an incident that wouldn’t occur if the proper frameworks had been followed.
Never Event Statistics
According to NHS reports, between the 1st of April 2020 and the 31st of March 2021, there were 364 incidents that appeared to meet the definition of a never event.
Examples of potential never events include:
- Wrong-site surgery – for example, where your left leg requires amputation at the knee, but the surgery is carried out on the right leg, which was healthy.
- A foreign object is retained post-procedure
- The wrong patient is operated on.
If you have been the victim of a surgical error and would like to find out whether you can claim, please do not hesitate to contact a member of our team.
When Could You Claim For Surgical Errors?
To make a successful medical negligence claim, you must be able to prove the following:
- A medical professional owed you a duty of care
- They breached this duty of care
- You sustained harm as a result
Additionally, you must ensure that your claim is within the relevant time limits. As per the Limitation Act 1980, you should generally begin your claim within 3 years of the incident. Or the limitation period can start from the date of knowledge – from the date, you become aware of medical negligence.
There are some exceptions to these time limitations. For instance, if you were under the age of 18 when the incident happened, or the person lacks the mental capacity to make a claim.
Please contact our advisors as soon as possible to learn more about these exceptions and find out whether your claim for a knee surgery gone wrong is within the relevant time limits.
How Could Negligent Knee Surgery Harm You?
Below, we will look at what potential injuries could be suffered if knee surgery were to go wrong:
- Nerve damage
- Anaesthetic issues
- Operated on the wrong leg
- Left instruments inside the surgery site
- Operate on the wrong part of the knee
- Disrupt the knee joint
The severity of your injuries and their impact on your life will determine how much compensation you could receive in the event of a successful claim.
Please contact our advisors to have your medical negligence claim assessed for free today.
Knee Surgery Gone Wrong Case Study
In this section, we provide an illustrative case study of a knee surgery gone wrong.
Diane was taken to A&E following a fall down some steps at a local park. It was determined her right knee was broken and required surgery. During the surgery, doctors began the operation on her left knee instead of her right one. The correct surgery was performed at a later date.
This resulted in an extended recovery period, additional scarring and an exacerbation of the damage to her knee because of the delayed treatment. She also experienced a loss of earnings to take time off work to recover. Due to this, she decided to seek legal help.
Her solicitor helped her with gathering evidence, filing the claim within the correct time limit and communication with the defendant. Diane was successful in her claim and her solicitor negotiated a compensation settlement of £200,000 for her pain and suffering and financial losses.
If you have experienced a negligent knee surgery similar to the above example or any other surgical error, get in touch with our advisors today.
Compensation For Knee Surgery Gone Wrong – What Evidence Will I Need To Claim?
In order to make a claim following knee surgery gone wrong, you must be able to prove that medical negligence has occurred. Without evidence, you are unlikely to be awarded knee surgery compensation.
Below we’ve listed a few examples of evidence you can use when claiming compensation for knee surgery or a similar surgical error:
- Medical evidence – obtain your medical records as they’ll contain details of any appointments you have attended with the medical professional who acted negligently.
- Independent diagnosis – If you are assessed by an independent medical expert, they’ll be able to provide evidence of your condition.
- Witness statements – if a family member or friend can corroborate your version of events and any harm you have suffered, ask for their contact details so your solicitor can get in touch for a statement.
If you have any more questions about the surgery compensation claims process, please don’t hesitate to get in touch. Our advisors offer free legal advice around the clock and could connect you with one of our expert medical negligence solicitors.
What Payout Could You Get For Knee Surgery Gone Wrong?
If you make a successful claim following a knee surgery that has gone wrong, the compensation awarded could be comprised of up to two potential heads of loss.
Firstly, you could be awarded compensation under general damages for the pain and suffering that has been caused by the incident of medical negligence. This accounts for both physical and mental harm.
We have compiled a table with bracket amounts for different types of harm using the Judicial College Guidelines (JCG), updated in April 2024. The JCG is a document that legal professionals, such as hospital negligence solicitors, can use to assist them when valuing general damages.
| Site of Injury | Severity | Compensation Brackets |
|---|---|---|
| Multiple Severe Injuries with Financial Losses | Severe | Up to £1,000,000+ |
| Leg Injury | Amputation (iii) | £127,930 to £167,760 |
| Leg Injury | Amputation (iv) | £119,570 to £162,290 |
| Knee Injury | Severe (a)(i) | £85,100 to £117,410 |
| Knee Injury | Severe (a)(ii) | £63,610 to £85,100 |
| Knee Injury | Severe (a)(iii) | £31,960 to £53,030 |
| Knee Injury | Moderate (b)(i) | £18,110 to £31,960 |
| Knee Injury | Moderate (b)(ii) | Up to £16,770 |
These figures are a guide; each medical negligence claim is unique. Therefore, the settlement you may receive could differ.
Furthermore, you could also receive an award under special damages. This head of loss reimburses you for any financial losses due to medical negligence. For example, an incident of medical negligence that results in permanent disabilities may require you to make home adaptations.
Other financial losses you could suffer include:
- Travel expenses
- Loss of earnings
- Care costs
- Medical expenses
To be reimbursed for any monetary losses, you may wish to keep evidence, such as receipts, bank records and payslips.
If you would like more details regarding the amount of compensation you could receive for a successful knee surgery gone wrong compensation claim, please contact an advisor from our team.
How To Get Help From A Medical Negligence Solicitor
Being represented by a No Win No Fee solicitor under a Conditional Fee Agreement (CFA) could provide benefits for you and your claim. For example, you generally won’t pay for the services of a solicitor if your claim is unsuccessful. Also, generally, there are no fees for these services to be paid upfront or while your claim is ongoing.
On the other hand, a successful claim will mean a No Win No Fee solicitor will commonly receive a success fee, which is a small legally capped percentage of the compensation.
After a free consultation on your knee surgery gone wrong compensation claim, our advisors could connect you with one of our No Win No Fee solicitors should they find that you may have an eligible claim.
To get in touch:
- Call us on 0800 073 8804
- Claim online by completing our form
- Speak with us using the live chat feature on this page
Learn More About Surgical Negligence Claims
Below we have provided some of our own guides that you could find useful regarding medical negligence claims:
- How to Prove Medical Negligence in A Compensation Case?
- Medication Allergic Reaction Compensation Claims Guide
- How Much Compensation Can I Claim For A Birth Injury?
We have also included some additional resources that may be helpful:
- NHS – Knee pain
- General Medical Council – GMC
- Physiotherapy – NHS Guide
Other Guides Available To Read
- Knee Surgery Gone Wrong Claims Guide
- Rotavirus Compensation Claims Explained
- Liverpool Walk-In Centre Medical Negligence Claims
- Spire Healthcare Negligence Claims Guide
- Find out how to claim for pancreatic cancer misdiagnosis and get more information on the medical negligence compensation claims process.
- Read our case study for a £400,00 sciatic nerve lesion and learn more about claiming compensation for medical negligence.
Thank you for reading this guide on whether you could make a medical negligence claim for knee surgery that has gone wrong.
Guide By Pescal
Edited By Melissa.
