What happened:  Our client suffered from osteoarthritis of the right knee and chose to undergo a right total knee replacement. During the procedure there was damage caused to the medial collateral ligament, which is the large ligament on the inside of the knee that links the thigh and shin bones.

An unsuccessful repair was attempted, whereby an inappropriately large prosthesis was inserted. Our client’s post-operative recovery was complicated by pulmonary embolus (a blockage in the lung) and infection and despite the surgery they continued to suffer from pain and instability in the right knee.

They required revision surgery, which was performed 21 months after the initial surgery. Unfortunately our client continued to have severe knee problems and suffered from disabling pain and limited movement, resulting in readmission for manipulation of the right knee, which unfortunately did not assist. It was felt that the risks associated with further surgery would be too high and therefore our client’s condition was likely to be permanent.

The effect on our client: Our client suffered from significant pain and loss of amenity as a consequence of the substandard procedure. They required further surgery and whilst this was technically successful they continued to suffer from severe disability and pain which had a detrimental psychological effect.  Their final outcome was worse than it otherwise would have been if the initial surgery had been performed to an appropriate level.

How TRUE Solicitors were able to help: We brought proceedings on the basis that there was failure to take sufficient care to avoid damaging the medial collateral ligament during surgery, a failure to use an appropriate prosthesis once the damage was apparent and that revision surgery should have occurred earlier than when it actually took place. Whilst it was accepted that the medial collateral ligament had been damaged, it was denied that this was negligent. It was necessary for us to start Court proceedings. Medical evidence was finalised and following negotiations settlement was reached.