Every year, millions of people have knee replacement surgeries. These operations can be life-changing, allowing patients to regain motion and mobility and easing pain. But what happens when knee replacement surgery negligence makes things worse, instead of better?
In this guide, we’ll tell you everything you need to know about making a hospital negligence claim. Our guide covers everything from when you’re eligible to claim all the way up to options for funding the help of a solicitor.
Keep reading to find out if you could be eligible to make a medical negligence compensation claim following an error in your joint replacement surgery. Or, if you’d rather talk to one of our expert advisors, get in touch today by:
- Calling us on 03301230546
- Starting your claim online
- Using the live chat feature
Select A Section
- Am I Eligible To Make A Knee Replacement Surgery Negligence Claim?
- Common Causes Of Knee Replacement Surgery Claims
- How Knee Replacement Surgery Negligence Can Affect Patients
- Compensation For Knee Replacement Surgery Negligence
- How To Claim Knee Replacement Surgery Compensation
- How Our Solicitors Can Help You Claim
- More Information
Am I Eligible To Make A Knee Replacement Surgery Negligence Claim?
You are eligible to make a knee replacement surgery claim if you can prove that medical negligence occurred. Many people have a basic understanding of what negligence means, but what does it mean in terms of law?
Basically, medical negligence occurs when:
- A medical professional owes you a duty of care: All medical professionals, from pharmacists to orthopaedic surgeons, owe their patients a duty of care. This means they have a legal responsibility to provide care that meets a minimum standard.
- They breach this duty: Breaching their duty means they’ve provided care that falls below the minimum standard. We’ll talk more about what this can look like in the next section.
- This causes you to suffer avoidable harm: Breaching their duty of care isn’t enough to make a claim; it has to cause harm that you wouldn’t have suffered if the breach hadn’t happened.
If you can prove that all three of these happened, then you could make a knee replacement surgery negligence claim. Contact our team today to get started, or keep reading for more information.
Common Causes Of Knee Replacement Surgery Claims
Some of the most common causes of knee replacement surgery negligence claims can include:
- Unnecessary surgery: For example, if your doctor misdiagnosed your knee condition, you may not need the surgery. Undergoing it anyway could cause significant harm to both your finances and your otherwise healthy knee, which wouldn’t have happened had there not been a misdiagnosis.
- Wrong-site surgery: If your surgeon doesn’t operate on the right leg, then this could result in you losing a healthy knee. This can affect your ability to work and enjoy hobbies.
- Faulty implants: If your surgeon knowingly uses a faulty or outdated implant, this can cause unnecessary pain, nerve damage, and, in some cases, even infection.
These are only a few examples of how negligence can occur during knee replacement surgery, so don’t worry if you can’t see your exact circumstances in this list. Contact our advisors today to discuss your particular case and see whether you may have an eligible claim.
How Knee Replacement Surgery Negligence Can Affect Patients
Knee replacement surgery negligence can affect patients in three main ways: Mentally, physically, and financially.
- Mentally: When your knee surgery goes wrong, this can affect you mentally. For example, you may develop conditions like anxiety or Post-Traumatic Stress Disorder (PTSD). It can also exacerbate existing conditions like depression.
- Physically: The physical effects of knee surgery negligence are broad and can range from reduced mobility to amputation, depending on the severity of the harm you suffered.
- Financially: Surgical negligence can also affect your finances. You may need to pay for things like prosthetics and mobility aids. Your injury can also mean you’re unable to work, causing lost earnings.
We understand that the effects of medical negligence and surgical errors can be devastating, and we are here to help. Contact our team today to find out how we can help you through the claims process, start to finish.
Compensation For Knee Replacement Surgery Negligence
Compensation for very severe knee injuries caused by surgical negligence can range between £61,090 to £85,070, as per the Judicial College Guidelines (JCG), but severe cases that cause above-the-knee amputation are listed in the £127,930 to £167,760 range.
These figures are guidelines from the JCG, which is a document that lists guideline compensation brackets to aid professionals in calculating your compensation. But these aren’t guaranteed amounts, and they only apply to general damages.
General damages cover the physical and mental effects the knee replacement surgery negligence has had on you. It’s one of two potential heads of claim, and it’s awarded to every successful claimant.
You can take a look at more JCG figures in the table below, but please keep in mind that these are only guidelines, and the first figure isn’t from the JCG.
| Injury | Compensation | Notes |
|---|---|---|
| Multiple severe examples of harm combined with special damages | Up to £1,000,000+ | A combination of severe harm that covers multiple areas and financial losses like the cost of a mobility scooter, lost wages, and childcare. |
| Above-Knee Amputation of One Leg | £127,930 to £167,760 | Awards in this bracket will depend on factors like phantom pains, the level of amputation, and whether the claimant has success with prosthetics |
| Below-Knee Amputation of One Leg | £119,570 to £162,290 | In this bracket, the award will depend on phantom pains, problems with the stump, age, and psychological problems associated with the injury. |
| Severe (i) Knee Injuries | £85,100 to £117,410 | This bracket includes serious injuries that come with disruption to the knee joint and gross ligamentous damage. |
| Severe (ii) Knee Injuries | £63,610 to £85,100 | Fractures that extend into the joint and cause constant, permanent pain. |
| Severe (iii) Knee Injuries | £31,960 to £53,030 | Injuries less severe than those above, which cause less severe injuries, but still cause some pain and discomfort. |
| Moderate (i) Knee Injuries | £18,110 to £31,960 | This bracket includes dislocations and tears to the meniscus that will cause some mild disability in the future. |
| Moderate (ii) Knee Injuries | Up to £16,770 | The injuries in this bracket are similar to those in the category above, but will have shorter periods of exacerbation or acceleration. |
| Moderately Severe PTSD | £28,250 to £73,050 | The prognosis here is better than in more severe categories, because the claimant has some chance of recovery with professional help. |
| Moderate PTSD | £9,980 to £28,250 | Any continuing effects will not be significantly disabling following a large recovery. |
How Medical Negligence Compensation Is Calculated
Medical negligence compensation is calculated with a lot of different factors in mind, not just the JCG. For example, some variables that can affect your compensation include:
- The severity of the harm you suffered
- How much evidence you have to support your case
- How the harm you suffered has affected your day-to-day life
- Whether you suffered financial losses as a result of the medical negligence
Special Damages In Your Claim
Special damages are the second head of claim that can make up your knee replacement surgery negligence payout. Under this heading, you can claim back any financial losses that were caused by your injuries.
For example, this might include the cost of:
- Mobility aids
- Lost earnings
- Childcare
- Prosthetics
- Physiotherapy
- Home adjustments or relocation
- Counselling or psychotherapy
- Prescriptions
- Private medical care or further medical expenses
To claim under this heading, you need to provide evidence of your losses. This can include things like bank statements, invoices, and receipts.
Knee replacement surgery compensation can cover a range of different losses, and that’s why it’s so important to get a professional opinion on your claim. Speak to one of our expert advisors for free today to find out what you could claim for.
How To Claim Knee Replacement Surgery Compensation
There are a number of steps you can take to claim knee replacement surgery compensation, including:
Gathering The Evidence You Need
You need to be able to prove that knee replacement surgery negligence occurred, and to do this, you’ll need evidence. The kinds of evidence that you can use to prove your claim can include:
- Photographs of scars or other visible harm
- The contact details of witnesses, like someone who chaperoned you to appointments, so that their statements can be taken later
- Medical records that state what surgery you had, what implant was used, and what the outcome was
- Scans and other test results showing the effects of the surgery, such as the development of sepsis
Your case might also be put to the Bolam test. This is a kind of test used only in medical negligence claims, where a panel of experts trained in a relevant field review your treatment and forms a report on whether or not negligence occurred.
Time Limits When Starting A Claim
You’ll generally have 3 years to start a medical negligence claim, and a crucial step in the claims process is determining whether or not you are within the time limit. The 3 years start on either:
- The date of your surgery
- The date of knowledge, this is the date that you realise negligence occurred
This is set out by the Limitation Act 1980, which also outlines some of the exceptions to this rule. If you’d like to learn more about whether or not you could claim outside of this time limit, we recommend speaking to one of our advisors as soon as possible.
No Win No Fee Claim Agreements
We always recommend working with a solicitor, and No Win No Fee agreements can be a good way to fund the work of a professional. Our solicitors believe that everyone should have access to legal representation when they need it, so they offer their services under a Conditional Fee Agreement (CFA).
When a solicitor agrees to work under a CFA, it means they’re willing to take your case on without:
- Charging for their work upfront
- Charging for their services as the claim continues
- Asking for any solicitor’s fees at all if the claim fails
Under a CFA, you’ll only pay a success fee if you receive compensation. This fee is taken as a small percentage of what you receive, but the percentage is subject to a legal cap. Imposing a cap means that you take home the larger share, not your solicitor.
Keep reading to find out how one of our expert solicitors could help you make a knee replacement surgery compensation claim, or contact our team today to get started.
How Our Solicitors Can Help You Claim
Our solicitors can help you with your claim from start to finish, using their decades of experience to guide you through the process step by step. We have a proven track record in medical negligence law, having already recovered over £80 million in compensation for our clients, and your payout could be next.
All of our solicitors work on a No Win No Fee basis and have years of top-tier training and education. But the most important thing that sets us apart from others is that we care deeply about our clients and their well-being.
Because of this, our solicitors can help you find specialists, from occupational therapists to counsellors, to help you recover. This means that you can focus on recovering while they work behind the scenes to secure your compensation.
Our team of advisors are here to help, and they’re waiting to take your call. They can provide a free, no-strings-attached consultation, during which they’ll talk to you about your case and advise you on whether or not you have a valid claim. If you do, then they can help you get in touch with one of our expert solicitors.
Contact Us
Are you ready to take the next step? Get started with a member of our team today by:
- Calling us on 03301230546
- Starting your claim online
- Using the live chat feature
More Information
To learn more about making a medical negligence claim:
- Learn how to make a claim for stillbirth negligence
- Find out how to make an A&E negligence claim
- Get help making a cosmetic surgery negligence claim
Or, for further resources:
- Learn how to make a complaint about a healthcare service through the Care Quality Commission (CQC)
- Find out about knee replacement surgeries from the NHS
- Get advice for claimants from NHS Resolution
Thank you for reading our guide to knee replacement surgery negligence claims.