Knee Surgery Claims
If you believe your knee surgery was negligently handled by medical practitioners, you might want to speak to a solicitor about your options.
In this article we explore some of the different types of knee surgery and the reasons why a potential claim might arise.
Failed knee operation
Sometimes a knee operation will be unsuccessful. If so, questions must be asked as to why it failed. It could be that medical error is to blame.
Procedures involving the anterior cruciate ligament (ACL) are the biggest area of negligence. It might be that the operation failed due to the poor positioning of the femoral or tibial tunnel during surgery. An ACL operation can also fail if there is a medial or lateral meniscus injury that has been missed.
There are also certain timeframes that must be adhered to with knee surgery. A patient must not wait more than six weeks after an ACL operation for rehabilitation. If there is a delay of more than six weeks, there will be a case of negligence.
Failed knee replacements
Knee replacement surgery is another area of medicine which frequently give rise to medical negligence claims. Some of the most successful claims relate to:
- Retained drains
- Incorrect prosthesis size
- Renal failure
- Poor outcome requiring further surgery
- Mal-alignment
Failed knee replacement surgical errors
If the replacement does fail, it may be that surgical error is to blame. For instance, there may be a bad implant, or the surgery may have been performed negligently: for example, the wrong sized implant is used.
The shape of the knee is very complex and the correct type and size of implant must be selected if the procedure is to succeed. It is for this reason that 'mix and match' implants are not acceptable in knee replacements, whereby components from different companies are put together.
Nerve injuries during surgery can have an adverse impact upon the success of the operation. Nerves can be squashed, stretched or cut. The patient should be consented for this.
Consent for knee replacements
The consent process is a very important part of knee replacement operations. If a patient is not having a total knee replacement, the surgeon must explain why that decision has been made. This is because other types of replacement (other than a total knee replacement) can fail much earlier. There must, therefore, be a specific reason why the operation has been selected over other options.
Before signing the consent form, the patient must be advised of all the potential risks. If this is not achieved, the patient will not have given their informed consent. Inadequate consent can lead to a medical compensation claim.
Complications after knee replacement
Before the procedure, the patient must undergo a pre-operative assessment to pick up any potential complications. There is a particular check-list, developed by the World Health Organisation (WHO) that must be worked through to ensure possible issues are detected.
Throughout the whole process, detailed notes must be taken by the medical staff.
If the protocols are implemented, it will be possible to avoid or minimise certain complications. Deep vein thrombosis (DVT) is one example of a complication that can be prevented with the correct medical care. The patient should be assessed before the operation. If he/she is deemed to be at risk of developing a blood clot, prevention treatment must be administered.
Other problems, such as renal failure or infection, must be quickly identified and treated. It should be possible to pick up complications after the procedure, as the patient should be closely monitored. As mentioned above, detailed record keeping should be achieved, and this too will help to identify any post-surgical issues.
A failure to prevent or diagnose post-operative complications can cause the patient serious injury. Again, there may be grounds for a compensation claim.
Arthroscopy
Another type of knee operation is an arthroscopy. An arthroscopy is when a thin metal tube (called an arthroscope) is inserted into the knee through tiny cuts. The arthroscope has a light and a camera attached to the end. It relays images back to a monitor in the operating theatre, thereby allowing the surgeon to see inside the knee without having to perform open surgery (where the knee is cut open).
Arthroscopy should not have been performed
An arthroscopy is a useful tool and can be used to repair ligament damage, remove inflamed tissue and drain away excess fluid. Until recently, it was also commonly used as a form of exploratory surgery to help medical practitioners diagnose a patient's condition.
However, this is no longer acceptable practice in England and Wales, as the potential complications outweigh the benefits. If you have developed complications after an exploratory arthroscopy, you could be the victim of negligence.
Problems following arthroscopy
If complications do arise either during or after an arthroscopy, they must be identified and treated straight away. One example is damage to the popliteal nerve leading to foot drop. Damage to the popliteal nerve requires mandatory referral to a vascular surgeon on an emergency basis. If it is not repaired in time, the patient may require an amputation.
Other potential complications that need urgent attention include thromboembolisms, infection and bone death (known medically as osteonecrosis).
Compartment syndrome in the knee
Compartment syndrome in the knee is another problem that can arise after an arthroscopy. This is when bleeding or swelling increases the pressure inside the knee, preventing the flow of blood and oxygen to the muscles. It requires a fasciotomy procedure in all four quadrants of the knee. Compartment syndrome in the knee is difficult to diagnose but it is a medical emergency.
Speak to a solicitor
This articles touches upon just some of the different types of knee surgery and the potential areas of negligence. Whatever type of procedure you had, if you believe you have been caused harm due to medical error, please get in touch with us to find out more. We will be able to advise you further, explaining whether or not you have grounds to make a medical compensation claim.
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