Legal Eagle: Claims in clinical negligence take a great deal of time to prepare but can result in compensation

Claims in clinical negligence take a great deal of time to prepare involving obtaining medical records.

I have been bothered by arthritis in one knee for many years. I relied upon painkillers to ease the difficulties but eventually elected to have some minor surgery carried out to my knee and had this earlier this year when a camera was used through a keyhole incision to clear out my knee.

Unfortunately an artery was damaged during the procedure, and I needed to then undergo open surgery to repair the artery. Although that was successful, I have been left with significant nerve damage which causes me pain on a daily basis.

I find that I’m taking even more medication than I did before and have reduced mobility and can no longer walk the distance I could before the operation. I am employed in a security role and need to walk as part of my work and I have been unable to maintain working on a weekly basis taking many days off since my operation.

I’m concerned that I will not be able to hold down my job and so want to know whether my circumstances could give rise to a compensation claim particularly if I lose my job?

Laparoscopic (keyhole) knee surgery is one of the most effective methods to treat arthritis. Unfortunately, a rare but serious risk of complication is damage to a major artery. The question therefore is whether the damage arose from a negligently performed operation.

If you instructed a firm to investigate independent orthopaedic and vascular surgeons would determine whether the surgeon’s actions during the operation would be considered substandard. A court will rely on the standard expected as explained by these experts. If there were failings during the surgery, then you would need to establish that this negligence has resulted in your 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 successful you can claim compensation for pain and loss of mobility in addition to any loss of earnings and expenses incurred.

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.

We have a specialist team at Ben Hoare Bell LLP on telephone number 0191 5653112 or via email at [email protected]