Knee Surgery claims
What is a Knee Surgery claim?
Your knees are an incredibly complex joint in your body and they are crucial to your future mobility. Knee injuries are also very common, and you don’t have to be a professional athlete to suffer irreparable damage from surgery. Due to the knee being a combination of ligaments, tendons, bones and cartilage, one single injury to one of these components can be devastating.
Knee injuries are commonly a result of serious road traffic accidents, but serious damage to one or both of your knees doesn’t end here. We represent many motorcycle accident victims and take claims on for individuals who fall in the workplace. Furthermore, individuals involved in manual labour are also at risk.
Different types of Knee Surgery claims
There are many different claims connected to knee surgery and according to the NHS, there are two main types of surgery:
1. Total knee replacement. This is where both sides of the knee joint are replaced.
2. Partial knee replacement. This is where one side of the joint is replaced in a separate, smaller operation involving a shorter stay in hospital and recovery period.
However, since operating as specialist serious injury solicitors for over thirty years, we know the number of claims applicable to knee surgery does not end here.
We represent knee surgery cases involving:
- TKA complications: Total knee arthroplasty
- Vascular injury and bleeding: Injury to a key blood vessel or artery carrying blood to the leg
- Peroneal nerve injury: Significant decrease of muscle strength to lift the foot
- Tibial alignment: The incorrect alignment of the key bone structure
- Patellofemoral alignment: Intense pain as a result of the knees alignment
- Infectious complications: Complications as a result of infection in the knee or tissue
- Component malposition: Component malalignment or malposition are complications related to surgical technique
- Tibial-femoral instability and dislocation: Dislocated knee as a result of surgery
- Femoral and tibial peri-implant fractures: Discomfort from implants in the knee
- Patella instability: A frequent cause of knee pain
- Patella fractures: A clear break in the kneecap
Is there a time limit on making a Knee Surgery claim?
A claim for negligence must be made within three years of the accident, or for Medical Negligence, the date (“date of knowledge”) on which the affected person became aware (or ought reasonably to have become aware) that he or she suffered a personal injury as a result of the health professional’s acts or omissions.
The date of knowledge is not the date on which the injury occurred unless you knew or ought to have known about it at that time. Sometimes people do find out that a mistake has been made straight away, but it can actually be a matter of months, even years, before he or she realises something has gone wrong.
If you or the person the mistake happened to is, or was under the age of 18 at the time the incident occurred, then the time limit is three years from the date of their 18th birthday (i.e. their 21st birthday).
If the affected person does not have the mental capacity to recognise the mistake, there can be no time limit, unless the person regains capacity.