Knee, Hip or Joint Replacement Surgery that didn’t go to plan?

Knee, hip or other joint replacement surgeries all fall into the area of Orthopaedics.  This is the branch of medicine dealing with bones, joints, tendons and muscles etc. 

Knee replacement surgery, together with hip replacement surgery, are often a last resort treatment option available for people whose joint issues are beginning to impact on their mobility and quality of life. Unfortunately, negligent knee, hip and joint surgery can leave a patient with a greater level of pain and disability than they experienced before the procedure. 

Was My Surgery Negligent?

Some surgical complications are unavoidable and will be warned and discussed prior to a patient consenting to any surgical procedure.  Such non-negligent complications can include bruising, infection, pain and discomfort. However, surgical negligence claims can arise when avoidable errors have been made or substandard treatment has been provided.  This can include where the levels of treatment/care provided have fallen below an acceptable standard resulting in, or contributing to, an adverse or poor outcome for the patient. 
It is standard practice that prior to any medical procedure or surgery, any patient should be made fully aware of all possible side effects and risks linked to the procedure and to ensure there is a full discussion regarding any potential alternative treatments before consent is provided.

Factors leading to a possible claim for Knee, Hip or any Joint Surgical Negligence includes:

1. Post-operative infections caused by substandard care; 
2. Tissue and wound management by health professionals; 
3. Undergoing a surgical procedure that was unnecessary; 
4. Surgical errors in the use of replacement parts; 
5. Poor surgical technique or technique of a poor quality; 
6. Substandard care and treatment, causing further pain and discomfort.
7. Incorrect sizing or placement of prosthetics in the knee, hip or joint; 

This list is not exhaustive and other factors can lead to a claim for damages. 

My Surgery was Negligent – What can I Claim For?

If you have undergone surgery that you feel was negligent, the consequences can be severe. In some cases, a patient can sustain a lifelong disability, facing the big expense of care as a result.  The ability to work can also be affected. In some cases, a victim of knee, hip or other joint surgical negligence will likely need to pay for equipment and/or physiotherapy and other treatments to help manage their reduced mobility as a result. You may be able to claim compensation for:

1. Injuries along with all pain, suffering and loss of amenity;  
2. Past and future care provided by family/friends; 
3. Loss of earnings or impairment on the job market;
4. Out-of-pocket expenses, like medical expenses and physiotherapy or other treatment charges;
5. Aids and equipment needed.

What can I do Next?

With a claim for medical negligence, under the Limitation Act 1980, you generally only have a time limit of 3 years from the date of the negligent act, or the date of knowledge of negligence, to pursue the claim.  If you have been affected by a knee, hip or other joint replacement surgery that may have went wrong, or if you feel that the care provided to you has been negligent then please contact us. 

Sills & Betteridge Solicitors have a specialist Medical Negligence Team with a wealth of experience and we are fully committed to offering advice and support to obtain the best possible outcome for you.