Daniel, 33 years old

A former soldier has been awarded £185,000 after he had unnecessary knee surgery causing further complications and worsening the original injury.

Whilst serving in the Army Daniel sustained a twisting injury to his right knee and continued to suffer pain from that knee.  He underwent several courses of physiotherapy and a number of arthroscopies, but his condition persisted. 

Worse pain after the operation than before it

After five years, it was recommended that Daniel undergo a right patello femoral joint replacement.Following the operation he suffered considerably worse right knee pain and disability than he had experienced before the operation.  He was unable to run, kneel or squat and could not play with his children. He had difficulty with stairs, gardening and DIY and could drive for only limited periods. His sleep was also disturbed.

The claim

JMW Solicitors alleged that there was no proper indication for this surgery.  The hospital made an early admission of negligence confirming that the procedure ought not to have been performed.

Expert evidence suggested that surgery advanced Daniel’s knee problems by approximately 5 to 7 years.  

Settlement

The claim was settled and Daniel received £185,000 compensation.