Knee Replacement Operation Mistake Leads To Successful Clinical Negligence Claim

Mr W instructed us to pursue a claim for Clinical Negligence following what was a very traumatic time for our client and his family. Mr W required a total left knee replacement at one of Ramsey Healthcare’s hospital in Devon. His previous knee replacement had failed and it was arranged by the Consultant Orthopaedic surgeon that a further replacement would be necessary.

Our client paid £23,500 for the operation. The Consultant then made arrangements for the surgery to take place. The Consultant then instructed the relevant department to order the necessary parts from a company based in Norwich. Unfortunately, the order was incomplete. Mr W attended the surgery, was put under general anaesthetic and the operation began.

It later transpired after the old knee replacement had been removed that the correct parts had not been ordered. The Consultant decided to “tidy up” the knee when Mr W’s blood pressure went through the roof. He was immediately transferred to Torbay Hospital and retained in the intensive care unit for 2 days.

He then returned to his private healthcare and was discharged home. When he discovered what had happened in respect of the missing parts he instructed Linnitts to pursue a claim for Clinical Negligence and breach of contract.

We recovered £30,000 from Ramsey Healthcare for damages (compensation) and breach of contract. The reason was because the employee of Ramsey Healthcare had failed to order the correct parts as requested by the Consultant. We recovered £5,000 from the Consultant for breach of contract as he had failed to complete the contract for what our client had paid. The operation was completed on the NHS and the South Devon NHS trust were reimbursed in full for the costs of the operation and care.

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