Davies and Partners recently settled a case for Mrs T who brought a claim against the NHS Trust for a poorly executed operation to her right knee.
The claimant had suffered from episodes of spontaneous dislocation of her patella and following recommendation by a Consultant Orthopaedic Surgeon was recommended for surgery to undergo a medial patella femoral reconstruction. Unfortunately the operation was not conducted correctly and there was a misplacement of the metal work inserted into the knee.
As a result of the misplacement the claimant had to undergo further surgery, had a number of further operations and investigations which left her with significant scarring and reduced movement and subsequently was advised that further operations are likely in the future.
The NHS admitted liability following a detailed letter of claim however, they disputed causation, alleging that due to the claimant’s existing condition that her ongoing symptoms were a result of that as opposed to the negligent treatment.
Following negotiation and the issue of proceedings the defendants accepted causation and a settlement was negotiated in favour of the claimant for her pain, suffering and loss of amenity, loss of earnings and care and assistance in the sum of £70,000.00.