LEGAL EAGLE: Can I claim compensation after keyhole surgery damage that has had a devastating impact on my life?

I underwent keyhole knee surgery in November 2022 having suffered arthritis for many years, but I suffered damage to a major artery during the process and had to undergo emergency corrective surgery to repair it. Now I have been left with significant nerve damage restricting my mobility and causing me a great deal of pain. I previously worked as a personal trainer but have been unable to return to employment due to pain and restricted mobility. I have to take daily medication to alleviate my symptoms and use a walking stick for long distances. Given the devastating impact this has had, would I be entitled to compensation?

Claims for medical negligence must be made within three years of the date of the operation or when it was noticed something had not gone to plan.

Keyhole knee surgery is considered a routine procedure and one of the most effective methods to treat arthritis. Unfortunately a rare but serious risk of complication in such a surgery is damage to a major artery. The question therefore is whether the damage arose from a negligently performed operation.

The individual circumstances of your case would need to be considered by an orthopaedic surgeon and a vascular surgeon to determine whether the actions of the surgeon during the operation would be considered substandard. A court will rely on the standard expected as explained by these experts.

If it was established that there were failings at the time of the surgery then you would need to establish this negligence had resulted in your loss i.e. the damaged artery and your pain and suffering. You would need to show that you would not have suffered the nerve pain and restricted mobility had the arterial damage not occurred.

If you were successful you would be able to claim damages for pain, suffering and loss of amenity, as well as for any loss of earnings and expenses incurred.

It is important to bear in mind the statutory limitation periods involved in these types of claims which dictate how long you would have to bring a claim in negligence. You would need to issue your claim within three years of the date of your operation or when you knew something had not gone to plan.

Claims in clinical negligence take a great deal of time to prepare involving obtaining medical records, instructing experts to produce reports, exchanging details of the claim with the Hospital Trust’s representatives and negotiating damages therefore if you are interested in pursuing this matter we would recommend that you contact a solicitor as soon as possible for initial advice.

Ben Hoare Bell LLP has a specialist Clinical Negligence team. To speak to a solicitor please phone 0191 565 3112 or email [email protected]. For further information go to https://www.benhoarebell.co.uk/