Knee Surgery Claims

Knee replacement surgery (also known as knee arthroplasty) can be required for a number of reasons, including due to osteoarthritis, gout or sports injuries. Successful surgery can have a significant impact upon quality of life, allowing people to mobilise better and without pain. However, where problems occur, there may be a claim for medical negligence.
 

Knee replacement surgery involves replacing damaged parts of the knee joint with metal or plastic parts. An artificial joint is called a prothesis. The replacement can be of the whole knee joint (total knee replacement) or just part of it (partial knee replacement).

Claims relating to knee implant surgery may result from problems with surgical technique causing the implant to fail. Claims may also arise from the use of incorrect prosthesis or component parts or due to these being defective. In relation to the later, a claim would usually be made against the manufacturer or supplier of the defective product(s).

Defective knee implant claims

Issues with certain knee replacements being faulty, such as the Nexgen implant made by Zimmer Biomet, have been widely publicised. Please contact us if you have been affected to see if we can help.

Where issues with replacements have arisen, revision surgery may be required. This may involve a longer riskier surgery and a longer recovery period.

Some further examples of issues that can arise from knee replacement surgery include nerve injuries and foot drop. 

Foot drop

Foot drop is a condition whereby it is difficult to lift or move a foot as a result of an injury to the peroneal nerve (which supplies movement and sensation to the lower leg, foot and toes). Damage to this nerve can result from hip or knee replacement surgery. If the damage was as a result of substandard care, there may be a claim for compensation for foot drop. 

Knee Surgery Compensation

The amount of compensation that may be obtained will depend upon the type and extent of the injury. However, compensation will usually include sums for treatment to help with the best possible recovery such as private revision surgery if needed, physiotherapy and aids and equipment. Sums can also be obtained to compensate for lost earnings as well as for pain and suffering and to cover costs of any adaptations required to living accommodation.

If you or a family member has suffered as a result of failures in knee replacement surgery, we can support you through the process of bringing a claim for compensation. Please contact us to discuss how we can help.

Your claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner.  We are specialists in dealing with knee replacement cases and work with leading experts in various areas including orthopaedic surgeons in order to assess the strength of a claim. We then work with further experts to consider a client’s long term needs and the full amount of compensation required.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

How long do I have to bring a knee surgery claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period. 

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later). 

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

Where a claim relates to someone’s death, the claim should be started at Court within three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, witness statements, and expert evidence to prove that your condition was worsened by medical negligence. 

We also calculate the amount of compensation that can be claimed.  Typically this involves instructing experienced experts to advise on the additional needs which you now have because of the negligence, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer. 

In some cases settlement is agreed at an early stage.  In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read Our Guide to Making a Claim.

 

Will the case be decided by the Court?

Probably not.  The vast majority of medical negligence claims are not decided by the Court.  Successful claims are usually resolved through agreement of a settlement either before or during Court proceedings. Occasionally, the Court will decide a case, if it cannot be resolved any other way.

Where the claim is for a child, or for an adult who does not have mental capacity, the Court will be asked to consider and approve the settlement.  This is a safeguard required under the Court rules to ensure that the settlement is in the best interests of the injured person.

 

How is the amount of compensation decided?

We will tailor the compensation claimed to meet  your needs. 

The first step is to consider how the deterioration in your medical condition has affected your life and whether that will change in the future.   We then calculate the amount of funds required to meet your additional needs and compensate you.  Depending upon your circumstances, this may include funds for:

• Private care
• Private therapies and medical care
• Specialist equipment and vehicles
• Adapted accommodation
• Support with education and work (if that is possible for you)
• Compensation for loss of earnings and pension
• Compensation for losses in self-employment

We regularly use leading experts and barristers to assist in identifying all aspects of an injured person’s needs.

Where someone has died, the compensation primarily relates to compensating the deceased’s dependents for the financial and/or practical support which they would otherwise have received from the deceased.

 

Will it take a long time before the case is concluded?

Medical negligence claims typically involve detailed investigation and expert evidence.  Therefore, they often take several years to resolve.  

Our approach is to seek an admission of liability (i.e. that negligence occurred and caused injury) as early as possible in the process.

When liability is established, the Defendant usually has to pay part of the compensation immediately.  This allows your needs to begin to be met while the work to quantify the full amount of compensation continues.

 

How do I access medical records?

Medical records are usually the starting point for our investigation of a claim.  With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of the records themselves before deciding whether to begin a claim.  Please see our Guide to Accessing Medical Records for further information on how to request records.

 

Can I make a 'no win, no fee' knee surgery claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

Other organisations and resources that may help

• AvMA (Action against Medical Accidents) 
• APIL (Association of Personal Injury Lawyers)