Ms LN v University Hospitals Birmingham NHS Foundation Trust

Our client, Ms LN, suffered an injury to the anterior cruciate ligament (ACL) of her right knee in 2015 and attended the University Hospitals Birmingham NHS Foundation Trust for her treatment.

Following investigations, she underwent a right knee arthroscopy in August 2015, where it was planned to repair her ACL. Unfortunately, the ACL repair did not take place until September 2016, during which time our client continued to experience pain and instability in her right knee.

In 2018, Ms LN suffered a left knee injury and it came to light that the surgery to her right knee had been incorrectly performed thus leading to further damage and protruding metalwork. Our client had to undergo a further operation to repair the right ACL and an additional procedure to remove the protruding metalwork.

As a result of the delays in the first repair being performed, our client suffered avoidable pain and suffering, impacting her ability to dance professionally. She also suffered avoidable pain and the need for a further operation as a result of the negligent operation. During recovery from the final procedure, our client had to take a year’s unpaid leave from work, suffering a financial loss as a result.

We advised Ms LN in bringing a clinical negligence claim against the defendant Hospital NHS Trust. We consulted with an independent orthopaedic surgeon, specialising in knee surgery, to provide an expert report and opinion on negligence. The case presented legal difficulties relating to when the time limit for her claim expired, with our client only becoming aware of potential negligence a number of years after surgery was performed.

Following negotiations, we secured a settlement for our client which assisted in recovering unpaid earnings whilst recovering from her injuries and future costs of therapy to support her mental health.

For more information

Please contact Christopher Frankling if you would like more information or if you would like to discuss a similar scenario that you might be involved with.