Cut During a Knee Replacement
£12,500 for Permanent Scarring
A patient undergoing a routine knee replacement was accidentally cut when the operating surgeon slipped during the procedure.
What happened
Our client went into hospital for a knee replacement. During the procedure, the surgeon slipped and cut their leg, an injury to tissue that formed no part of the operation. The wound needed 10 staples to close and has left permanent scarring.
What we did
Some injuries during surgery are recognised complications and are not negligence. This wasn't one of them. An accidental laceration caused by loss of instrument control is not an inherent risk of knee surgery, and consenting to a joint replacement is not consenting to that.
We obtained independent medical evidence on the scar, its visibility, permanence and the effect on our client and valued the claim on the additional injury alone, separately from the knee replacement our client needed and received.
The outcome
£12,500 in compensation for the injury, the scarring and its lasting impact.
Every claim is decided on its own facts and its own medical evidence. Past outcomes are not a guide to what any other claim may achieve.
Can I claim if I signed a consent form?
Yes. A consent form records that you were told about the recognised risks of the procedure and agreed to go ahead. It is not a waiver of the surgeon's duty to perform the operation competently, and it does not cover injuries caused by error. Signing it does not prevent you from bringing a claim.
Can I claim if the operation itself was successful?
Yes. The two are separate questions. If the procedure you needed was carried out successfully but you sustained an additional, avoidable injury along the way, the claim is for that injury and its consequences, not for the operation you consented to and received.
Injured during an operation you trusted?
If you came out of surgery with an injury that wasn't there before - a wound, a burn, a nerve injury or a scar that no one has adequately explained, we will review what happened free of charge and tell you honestly whether there is a claim worth pursuing.
Call: 0330 818 7754