Orthopaedic surgery claim for unsuccessful and painful knee replacement

53-year-old Jackie* had a long history of left patella-femoral arthritis and she sought a private opinion from an orthopaedic surgeon, who advised her that the only definitive solution was a joint replacement.  

She had the surgery at the  Royal National Orthopaedic Hospital, using the Navio robotic surgical system. The surgeon, however, did not inform her that he had only used the machinery once before and that he was aware there was a 20 per cent chance of problems with this type of procedure.  

Soon after the operation, Jackie experienced discomfort in her knee, clicking in her joint and worsened pain on knee flexion. An ultrasound diagnosed her with a neuroma in her left knee. Despite undergoing a manipulation under anaesthesia, (MUA) which is a minimally invasive procedure to help relieve pain, plus an ultrasound guided steroid injection, Jackie's pain did not improve. She sought two further opinions where both doctors confirmed her join had been 'overstuffed'. 

Jackie's injury has had a huge impact on her life. She has experienced constant knee pain since the initial surgery and feels her knee is 'not in the right place'. Her patella often locks which is very painful for her. She is unable to sit for long periods of time and cannot take exercise.  

The claim on her behalf was that the surgeon had not outlined the risks of the operation nor offered alternatives and that he performed the operation without due care and skill. With proper advice, Jackie would have opted for less invasive treatment and would not have suffered the consequences of surgery that she did, particularly the need for revision surgery. 

Jackie has to take pain killers and undergo ongoing physiotherapy for associated problems with her back and achilles.  

Jonathan negotiated settlement with the surgeon, who was working privately but under an NHS scheme, to include the financial losses Jackie incurred plus the costs of ongoing treatment. Jonathan has successfully settled this claim and helped achieve an outcome that the client is satisfied with.  

 Following settlement Jackie has said: 

"I am so thankful that I chose Jonathan to represent me.  Jonathan was kind, understanding and sensitive throughout his handling of my claim. When the claim took an unusual turn, he provided very sensible advice and worked collaboratively with the defendant’s solicitor to ensure a fair settlement was reached expeditiously and keeping costs to a minimum so that I would not be prejudiced. I truly believe the outcome of my claim was down to Jonathan's character and approach and had it not been for him my claim may not have succeeded." 

*Name changed 

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For further information about surgery negligence claims or medical negligence claims, please call Jonathan Zimmern on 03304606779 or email jonathan.zimmern@fieldfisher.com.

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