Knee replacement surgery can usually take two forms: total knee replacement (TKR) surgery and partial knee replacement (PKR) surgery. It often has a very positive impact on a person’s life as it can significantly improve mobility. Those undergoing knee replacement surgery may be able to take part in activities they may not have been able to before the operation. 

This type of surgery is otherwise known as arthroplasty and involves using an artificial joint to replace a knee that has been damaged, become worn or been affected by a disease. It is a fairly common operation, usually administered to those over the age of 65. 

TKR surgery involves the replacement of both sides of the knee joint, while PKR surgery involves the replacement of just one side. Undergoing TKR will usually lead to a longer hospital stay and recovery period compared to PKR. 

While most procedures are carried out successfully, a significant proportion of patients are subject to mistakes made by medical professionals before, during or after the surgery. 

Find out more about knee replacement surgery by visiting the NHS website.

If the surgery is performed negligently and not to the required standard of care, this can lead to the patient suffering from a range of different health problems. These can include: 

• Infection 
• Limited mobility 
• Severe pain 
• Stiffness in the knee 
• Damage around the knee joint, including to the nerves, ligaments or arteries 
• Deep vein thrombosis 
• Blood clots 
• Unexpected bleeding to the knee joint 

Mistakes made during knee replacement surgery can clearly have a huge impact on the life of the victim, potentially even leading to long-term disability. They can also leave you facing significant costs that, without the aid of compensation, you may struggle to pay. These can include: 

• Further medical treatment 
• Physiotherapy 
• Alternative transport arrangements 

Seeking compensation can improve your quality of life considerably after experiencing medical negligence.

Compensation in any medical negligence claim is based on the specifics of the case, and there is no average amount of compensation you can expect. It is impossible to estimate how much compensation a knee replacement claim could be worth unless you speak to an experienced solicitor about the unique circumstances you have been through. However, it is possible to break down what the compensation aims to cover to give you a sense of how your ultimate compensation amount will be calculated.

The awarded compensation for a failed knee replacement is typically broken down into two components. The first is general damages, which cover the pain, suffering, and loss of amenity (your ability to carry out daily activities, hobbies or work) caused by your injury. The compensation aims to acknowledge the pain caused by the failed knee replacement and any further surgery undertaken to correct it, based on guidelines set out by the Judicial College. These guidelines provide indicative compensation ranges for injuries and their aftermath, with more severe injuries resulting in more compensation.

Special damages are calculated based on the financial losses (both actual and projected) that resulted from your failed surgical procedure. As such, there is no upper limit on this part of the compensation claim, and it relies on evidence you can provide of these losses. Special damages can account for:

• Medical expenses, such as any costs you have to pay for corrective surgeries, physiotherapy, rehabilitation or medication.
• Lost income during your recovery or due to an inability to return to work. This can include projected lost earnings if your injury affects your capacity to work in the future or your long-term employment prospects.
• The costs of professional care or domestic help if you require assistance with daily activities (or needed this during your recovery). This accounts for care provided by family members or friends, as well as any care delivered by paid professionals.
• Travel expenses to medical appointments or therapy sessions.
• Costs to adapt or modify your home or vehicle, which may be necessary if your mobility is permanently affected, or for items like medical equipment or specialised mobility aids. When a knee replacement fails, it can permanently affect your mobility and this can be expensive to accommodate unless you claim compensation to cover these expenses.

Your solicitor will always try to secure the maximum compensation that you are entitled to after medical negligence occurs. The information above does not just apply to a negligent knee surgery. Joint replacement compensation can cover any surgical errors made during these procedures, including injuries to your elbows, hips, ankles or other joints. Any such injuries can affect your mobility, and joint replacement compensation claims are designed to cover any physical damage and financial costs you experience as a result of someone else's mistakes.

The compensation claims process for medical negligence in knee surgery is different in each case, but it always follows the same basic steps. Below is a detailed outline of the process, but your solicitor will advise you on what to expect based on the specifics of your case.

• Knee replacement surgery: If you suspect that you have suffered unnecessarily due to medical negligence during a knee replacement, your first step should be to seek medical attention or advice. This can help to make sure any urgent issues are addressed and may improve the prognosis, but will also create medical notes that act as a record of the aftermath of the failed surgery.
• Initial assessment: The claims process begins when you seek legal advice from a solicitor specialising in clinical negligence. The team at JMW can help you to determine whether you have a valid claim, and review your case and any initial evidence you have gathered to assess the likelihood of success.
• Gathering evidence: If you decide to go ahead, we will begin to gather evidence to build your case. We will obtain and review your medical records to identify potential errors, and instruct an independent medical professional to provide an expert opinion. They will help to prove that the care you received fell below acceptable standards and that it caused your injury, both of which are necessary for a claim.
• Letter of Claim: We will send a formal Letter of Claim to the healthcare provider or practitioner responsible for your knee injuries, outlining the evidence and the compensation you are owed. The defendant has a few months in which to investigate and determine whether to admit liability, deny it, or request further clarification.
• Negotiations: Most knee surgery compensation claims end at this stage, with the healthcare provider or NHS Trust acknowledging their responsibility for your knee joint replacement injury. If they admit liability, your solicitor will work to negotiate a settlement based on the compensation amount we have calculated. If the other party denies liability, the claim may proceed to court although this is unusual.
• Court proceedings: If negotiations fail, your solicitor will issue court proceedings. This does not always mean the case will go to trial, as most claims are settled before reaching this stage. However, it does place strict court deadlines on to the defending party to investigate, respond to your allegations, and negotiate a settlement. Only a tiny minority of cases do not settle at this stage and have to proceed to a trial before a judge. JMW is experienced in representing clients at trial if needed and can fully support you through this process.  
• Receiving your compensation: If the claim succeeds, you will receive compensation. Payments may be made as a lump sum or periodic payments for ongoing needs. If you made a no win, no fee claim with JMW, you will also pay legal fees at this stage. While negotiations are underway, your solicitor may also be able to secure interim payments that mean you will receive a percentage of your compensation early. This can help to cover any ongoing costs and remove the financial burden of knee surgery negligence during your recovery.

Your JMW solicitor will stand by your side throughout this process, and help you to claim compensation through negotiations or in court if necessary.

A knee surgery medical negligence claim is usually subject to a limitation period of three years. This means that you must begin your claim within three years of when the medical negligence took place. If you did not become aware that the negligent treatment was responsible for your knee injuries, this time limit may begin from the point that you became aware of this.

For a person who lacks the mental capacity to make a claim for themselves, a litigation friend can usually do so at any time, with no limitation period applied.