Joint Surgery Negligence and When to Claim Compensation
Significant medical negligence during joint surgery can leave the patient with continuing or worse joint problems, and, in some cases, with far broader debilitating symptoms. Consult a legal specialist about the possibility of making a claim for compensation.
Negligent joint surgery
Obviously the focus of joint surgery is usually the improvement of the use and mobility of the joint, the alleviation of pain and the maintenance of one's independence. When it succeeds, it can be life-enhancing.
When it goes wrong, it can be devastating and can sometimes leave the patient with greater disability and pain than had previously been the case.
If the surgery is substandard, the patient may find that the new joint is not effective, that they experience greater pain and that they have to undergo further surgery to try to rectify the problem.
However, joint surgery also puts the patient at risk of other forms of negligence which can have a broader impact:
- An infection in the wound due to a failure of risk assessment, a failure to provide prophylactic antibiotics or a failure to post-operative care. This can lead to a failure of the new joint as well as potentially triggering sepsis and long-term health problems
- Damage to a nearby nerve, such as the femoral nerve, can further compromise the patient's mobility
When to claim compensation
A patient is entitled to make a claim for compensation when it is clear that some form of substandard medical care has caused them to experience a worse outcome than would have been the case with an appropriate and acceptable level of care.
A successful claim will address the consequences of the negligence. Where the patient's mobility and well-being have been undermined by negligent care, a claim would address any income losses that have been and will be experienced by the patient.
If the patient now requires personal support or specialist equipment or treatment, the associated financial costs would also be included in a claim.
Be aware, however, that claims need to be served with a court within three years of the date of the alleged negligence and that a thorough investigation into the patient's medical care needs to be carried out before this deadline.
If you think you may have a claim, contact a legal specialist as soon as possible.
Glynns Solicitors
Glynns is a dedicated medical negligence legal practice with years of experience in complex, high-value claims.
This specialisation ensures that we have the skills ready and waiting to help you in the most efficient and economical way and that we can also offer No Win No Fee funding for medical negligence claims which we will discuss with you during your free initial telephone discussion.
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