What was the case about?
We were instructed by Mrs J who was aged 68 years at the time she had surgery and 71 at the time of settlement. Mrs J had been experiencing pain in her knees. She mentioned this to her GP who arranged x-rays. These showed degenerative changes and she was referred to the Orthopeadic team. She was advised to have left knee replacement surgery. The surgeon had identified her knee had a valgus deformity. This deformity carries a higher risk of nerve damage during surgery, to the extent that a surgeon should advise a patient of this risk and the consequences when taking the patient’s consent. Mrs J said that at no time was she warned of a risk of nerve damage. The operation was performed. Sadly, Mrs J’s peroneal nerve was damaged. She had left foot drop and constant pain. This is permanent. Mrs J was unable to return to her part-time teaching assistant job or her hobbies of dancing and gardening. She had to change her manual car for an automatic.
What did we do?
When Mrs J instructed us she had already been through the NHS complaints procedure. This left her very unsure as to what had happened and as a consequence left her with a feeling of anger. The surgeon had told her that nerve could not have been damaged by anything he had done at surgery and that he did not know how it had happened. As specialist and dedicated clinical negligence solicitors we investigated the case and instructed appropriate expert opinion. We also arranged appropriate funding for Mrs J, who had initially been offered, by her legal expenses insurer, solicitors who were unknown to her.
How did we help our client?
By investigating the claim we were able to explain to Mrs J how and why she had suffered this adverse outcome from surgery which had had a devastating affect on her life. Mrs J’s claim was advanced on the basis that had she have been warned of the risk of nerve injury she would not have consented to surgery. Her case was that at the time whilst she had a painful knee, she was able to work, carry out her hobbies and lead an independent life. She would have delayed surgery until after she no longer financially needed to work. Through negotiations with the NHS Trusts’ solicitors admissions were made that the nerve was damaged at the time of surgery by most probably a stretching injury. The Trust denied that Mrs J was not warned of the risk of nerve damage, however no witness evidence was produced nor was there any support for this on the consent form.
We negotiated a settlement of £20 000 plus repayment of benefits.
Whilst we secured a financial settlement for Mrs J we were also able to help her with understanding what had happened which is something the hospital failed to do in the complaints procedure. This had a positive affect in helping Mrs J deal with the permanent symptoms of her injury affecting her daily lfe.
Clients comments
Mrs J said, “thank you for all your efforts on my behalf and for your patience and understanding in talking me through this complex legal structure and for securing a positive outcome at the end of the day. You certainly made the process as painless as I think it is possible to be and the outcome has given me a measure of security which will go some way to alleviating my fears of the future."
The case was handled by Sarah Huntbach, Associate at Anthony Collins Solicitors' Clinical Negligence and Personal Injury Department. She can be contacted on 0121 212 7479 or by email sarah.huntbach@anthonycollins.com