Substantial settlement following an osteotomy, corrective surgery and a total knee replacement

We settled a claim for a client in her forties who developed a significant pain in her left knee, and after a number of investigations was advised to have a high tibial osteotomy.

The operation was performed; however, this led to a deterioration in her condition rather than an improvement. Corrective surgery was offered and subsequently took place. However, our client continued to suffer from significant pain in her knee and a lack of mobility which resulted in her needing to use a wheelchair frequently.

Her symptoms continued to deteriorate and she sought a second opinion. She was told that she had had a very poor outcome and she was advised to have a total knee replacement (TKR) in an attempt to improve the situation. The operation took place and led to some improvement; however, after only three years she had to have a revision to the TKR.

We obtained expert evidence which indicated that the wrong operation had been offered in the first instance, that there had been over-correction of the problem during the initial surgery and that several errors had occurred subsequently, including the premature removal of metal plates.

The defendant hospital trust accepted there had been some errors in our client’s care, but denied that this had made a significant difference to her poor outcome. The defendant made an initial offer to settle the claim for £25,000, which was rejected by our client. Prior to trial, a substantial damages award was agreed between both parties during negotiations. This sum enabled our client to purchase an adapted property suitable for her limited mobility and will provide security for her future.

Partner Stephanie Code led our team advising on this claim, assisted by senior paralegal Aline Constan.

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Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority.

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