Knee Replacement Negligence Claims

If you have undergone knee replacement surgery that went wrong due to medical negligence, you may be entitled to bring a claim for knee replacement negligence. Knee replacement operations, including both total knee replacement and partial knee replacement, carry recognised risks. However, negligent knee surgery, surgical errors or substandard care can lead to avoidable complications, ongoing pain and the need for further surgery. In these circumstances, a knee surgery claim can enable you to seek compensation for the harm caused and the impact on your mobility and daily life.

JMW’s specialist team of medical negligence solicitors has extensive experience handling knee replacement negligence claims and knee surgery negligence claims. We guide you through the claims process, obtain your medical records, and work with independent experts to assess whether negligent treatment caused further harm. We handle knee replacement compensation claims on a no win no fee basis, so there is no financial risk.

To discuss a potential knee replacement negligence claim, contact our knee replacement lawyers today. Call 0345 872 6666 or complete our online contact form and we will be in touch at a time that suits you.

How JMW Can Help

If you are considering a knee replacement negligence claim, our specialist team will guide you through every stage of the claims process. As experienced medical negligence solicitors in knee replacement negligence claims, we understand the physical and psychological impact that negligent knee surgery can have, particularly where further surgery or revision surgery is required.

We begin by listening carefully to your account of what happened. We obtain and review your full medical records, including details of the surgery undertaken, the type of artificial joint used, and any follow-up treatment. We then instruct independent orthopaedic experts to assess whether substandard care, surgical errors or other negligent treatment caused further harm.

If negligence occurred, we prepare and pursue your knee replacement negligence claim with clarity and focus. We deal directly with the hospital trust, private provider or medical professional responsible. Our aim is to secure knee replacement compensation that reflects the pain, medical expenses, further treatment and wider impact on your life.

JMW handles knee surgery claims on a no win, no fee agreement, known as a conditional fee agreement. Your solicitor will discuss this with you and advise on the best options available. If the case is unsuccessful, you will not have to pay any legal fees, so there is no financial risk to you..

Our medical negligence team is led by the widely respected Eddie Jones and Angharad Hughes, and includes members of the Law Society’s specialist panel for clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel. When you contact us about knee replacement surgery negligence, you will speak to a specialist team with extensive experience in complex joint replacement and knee surgery negligence claims.

Meet Our Team

JMW has many years of experience and a thorough knowledge of the law regarding knee replacement surgery. We can help you to claim medical negligence compensation if you have experienced unnecessary harm.

Case Studies

JMW secured significant compensation for a 48-year-old woman after an uni-compartmental knee replacement was performed instead of the total knee replacement she needed, leaving her with ongoing pain, misalignment and reduced mobility, requiring further surgery.

https://www.jmw.co.uk/success-stories/orthopaedic-injury-claims/negligent-surgery-ongoing-pain

JMW helped a 59-year-old woman secure substantial compensation after knee replacement operations left her with persistent pain, reduced mobility and a lasting disability that required mobility aids and early retirement.

https://www.jmw.co.uk/success-stories/orthopaedic-injury-claims/disability-following-botched-surgery

What Is Knee Replacement Negligence?

Knee replacement negligence is a form of medical negligence that arises when knee replacement surgery falls below an acceptable standard of care and causes avoidable harm. Joint replacement surgery, including total knee replacement and partial knee replacement, must be carried out by a suitably trained surgeon using appropriate surgical procedures and implants.

Examples of clinical negligence involving knee replacement surgery can include:

• Incorrectly positioning an artificial joint or artificial tibial plate.
• Using the wrong-sized implant or a defective knee implant.
• Performing surgery on the wrong knee joint.
• Failing to identify risk factors such as poor bone quality or other risk factors before surgery is undertaken.
• Failing to properly advise you of material risks and alternative treatments.
• Delays in diagnosing and treating post-operative complications, including deep vein thrombosis or infection.

Where a knee replacement leads to revision surgery, pain, foot drop, sciatic nerve injury or further treatment, it is appropriate to investigate whether negligence occurred. Our medical negligence solicitors will assess your medical records and obtain expert evidence to determine if you have grounds to pursue a knee surgery negligence claim.

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

What Problems Can Arise From Negligent Knee Replacement Surgery?

When knee replacement surgery is carried out negligently, it can lead to serious and lasting complications. While some complications which occur are recognised risks of joint replacement surgery, problems caused by surgical errors or substandard care form the basis of a knee replacement negligence claim.

Complications linked to negligent knee surgery can include:

• Infections that are not promptly identified or treated.
• Limited mobility in the knee joint.
• Severe or persistent pain.
• Stiffness following total knee replacement or partial knee replacement.
• Damage around the knee joint, including nerve damage, ligament injury or arterial damage.
• Deep vein thrombosis and blood clots.
• Unexpected bleeding into the knee joint.
• Foot drop linked to nerve injury.
• Ongoing instability of the artificial joint.

In some cases, a failed knee replacement results in the need for revision surgery or further surgery to correct the original procedure. This can mean additional time in hospital, extended rehabilitation and further medical treatment. Where negligence occurred, the impact can extend well beyond the initial surgery.

People may experience ongoing knee pain that affects their ability to work, drive or carry out everyday activities. You may incur medical expenses, or require physiotherapy, alternative transport or support at home while recovering from further treatment.

Bringing a knee replacement negligence claim allows you to seek compensation for these losses and for the pain and disruption caused by negligent treatment. Our medical negligence solicitors will assess how the complications have affected your life and ensure that your knee replacement compensation claim reflects the full impact of the harm caused.

Do You Have Grounds for a Knee Replacement Negligence Claim?

Not every knee surgery complication will result in a negligence claim. Knee replacement operations carry recognised risks, and complications can occur even where surgery is undertaken appropriately. A knee replacement negligence claim arises where medical negligence caused avoidable harm.

To succeed in a knee replacement negligence claim, it must be shown that:

• The medical professional responsible for your care provided substandard care or negligent treatment.
• The negligence caused you significant harm that would otherwise have been avoided.

Our medical negligence solicitors will review your medical records and obtain independent expert evidence to determine whether your knee surgery negligence claim has a reasonable prospects of succeeding. We will assess whether the standard of care fell below that which would reasonably be expected of a competent surgeon and whether that breach has caused you significant harm.

If you are unsure whether surgical negligence occurred, you should seek legal advice. An early assessment allows us to explain clearly whether you may have grounds to pursue a knee replacement negligence claim and claim compensation for the harm caused.

What Is the Knee Replacement Compensation Claims Process?

The knee replacement compensation claims process will vary depending on the facts of your case, but all medical negligence claims follow a clear legal framework. Our medical negligence solicitors will explain what to expect and guide you through each stage of your knee replacement negligence claim.

• Seek medical attention: If you believe negligent knee surgery has caused further harm, you should seek medical attention. This helps address any urgent issues and creates medical records that document your symptoms, ongoing pain or complications such as infection, nerve damage or blood clots. These records form an important part of any knee surgery negligence claim.
• Initial assessment: The claims process begins with you contacting an experienced medical negligence solicitor to speak to about your knee replacement claim. Our specialist team will assess your circumstances, review any information you already have and advise whether you have grounds to bring a knee replacement negligence claim. We will explain the next steps and whether a no win, no fee arrangement is appropriate.
• Gathering evidence: If you decide to proceed, we obtain your full medical records relating to your knee replacement surgery and any further treatment or revision surgery. We instruct an independent medical professional, usually an orthopaedic expert, to review the surgical procedures undertaken and determine whether substandard care or surgical errors occurred. Expert evidence is required to show that negligence occurred and that it caused further harm.
• Letter of Claim: Once supportive expert evidence is obtained, we send a detailed Letter of Claim to the healthcare provider responsible. This may be an NHS Trust, private surgeon or a private hospital. The letter sets out the allegations of medical negligence, explains how the knee joint was affected and outlines the knee replacement compensation being sought. The defendant then has a set period to investigate and respond.
• Negotiations: If liability is admitted, we enter into negotiations to secure appropriate compensation for your knee injuries, medical expenses, further surgery and the wider impact on your life. If liability is denied, we will advise you on the next steps. Many knee surgery compensation claims are resolved through negotiation without the need for a trial.
• Court proceedings: If a resolution cannot be reached, we may issue court proceedings. This does not mean your case will automatically proceed to trial. Court proceedings introduce a formal timetable and encourage constructive negotiation. Only a small minority of medical negligence claims require a full hearing before a judge, with NHS Resolution data showing that more than 80% of claims are settled out of court. If that becomes necessary, our team is experienced in representing clients in court.

If your knee replacement negligence claim succeeds, you will receive compensation. This is typically paid as a lump sum. Learn more about the medical negligence claims process.

How Is Compensation Calculated in a Knee Replacement Negligence Claim?

Compensation in a knee replacement negligence claim depends entirely on the facts of your case. There is no standard or average figure for knee replacement compensation. The value of a knee surgery claim will reflect the specific harm you experienced, the impact on your knee joint and mobility, and any financial losses linked to negligent treatment.

Compensation in medical negligence claims is divided into two parts: general damages and special damages.

• General damages compensate you for the pain, suffering and loss of amenity caused by negligent knee surgery. This includes ongoing knee pain, reduced mobility, stiffness, nerve damage, and the impact of any further surgery or revision surgery following a failed knee replacement. When calculating this part of your knee replacement negligence claim, JMW will refer to the Judicial College guidelines. These provide indicative ranges based on the severity of the knee injuries and the long-term effect on your life.
• Special damages cover the financial losses resulting from knee replacement negligence. There is no fixed upper limit on this element of a compensation claim. It is based on evidence of the losses you have already incurred and those you are likely to experience in the future.

Special damages may include:

• Medical expenses, such as corrective joint replacement surgery, physiotherapy, rehabilitation or medication.
• Loss of earnings during recovery from knee replacement surgery or where ongoing symptoms affect your ability to work.
• Future loss of income if your mobility or long-term employment prospects are affected.
• The cost of professional care or support with daily activities.
• Travel expenses linked to medical treatment.
• The cost of mobility aids, equipment or necessary adaptations to your home or vehicle.

If negligent knee surgery has led to permanent restrictions in your mobility, the financial consequences can be substantial. A knee replacement negligence claim seeks to claim compensation that reflects both the physical harm and the wider practical impact on your life.

Our medical negligence solicitors will gather detailed evidence, including medical records and financial documentation, to calculate your knee replacement compensation accurately. We will explain clearly how your compensation claim is assessed and what factors influence how much compensation may be appropriate in your case.

Q

What evidence is needed for a knee replacement negligence claim?

A

Strong evidence is central to any knee replacement negligence claim. In medical negligence claims, it must be proven that negligent treatment occurred and that it caused further harm. Our medical negligence solicitors will gather the necessary evidence to support your knee surgery negligence claim.

The starting point is your medical records. These include records of your knee replacement surgery, pre-operative assessments, consent forms, operation notes, post-operative reviews and any further treatment, as well as documentation of ongoing pain, nerve damage or mobility problems. They can establish what surgery was undertaken, which knee implants were used and how your recovery progressed.

We will also obtain an independent expert opinion from a suitably qualified orthopaedic surgeon. The expert will review the surgical procedures carried out and determine whether the care you received fell below an acceptable standard. They will assess issues such as implant positioning, damage to the knee joint, failure to identify risk factors, or delays in treating complications such as deep vein thrombosis or infection. Expert evidence is required to confirm that negligence occurred and that it led to avoidable harm.

Additional evidence may include proof of medical expenses and loss of earnings linked to the failed knee replacement.

Where appropriate, we may also obtain evidence relating to the National Joint Registry to assess implant performance data and surgical standards.

JMW’s specialist team manages this process on your behalf. We obtain the relevant records, instruct the appropriate experts and ensure your knee replacement negligence claim is supported by detailed and robust evidence.

Learn more about what is involved in proving a medical negligence case.

Q

What are the time limits for a knee replacement negligence claim?

A

Knee replacement negligence claims are subject to strict time limits. In most medical negligence claims in England and Wales, you have three years to begin court proceedings.

This three-year period usually runs from the date of the knee replacement surgery. However, in some cases, it may run from the date you first became aware that you had suffered an injury which may have been caused by medical negligence. This is known as the date of knowledge.

Different rules apply in certain situations. If the person affected by negligent knee surgery was under 18 at the time of the surgery, the three-year time limit does not begin until their 18th birthday. If someone lacks mental capacity, the time limit is suspended while that incapacity continues.

Although three years may seem like a long time, investigating a knee replacement negligence claim requires time to obtain medical records, instruct independent experts and build detailed evidence. Seeking advice early allows our medical negligence solicitors to assess your case thoroughly and protect your position.

If you are unsure how these deadlines apply to your knee surgery negligence claim, read our guide to the time limits for medical negligence cases, or contact our specialist team for tailored advice.

Q

How long do knee replacement negligence claims take?

A

The length of a knee replacement negligence claim will depend on various factors, including whether liability is admitted at an early stage. Some knee surgery claims resolve within a year. Others take longer where there are disputes about whether negligence occurred or where further surgery is still being planned.

Before a knee replacement negligence claim can be concluded, it is often necessary to understand the long-term outcome. If you are undergoing further treatment or revision surgery, it may be appropriate to wait until your condition has stabilised so that your knee replacement compensation can be assessed accurately. This ensures your compensation claim reflects ongoing pain, mobility issues and any future medical expenses.

The claims process also involves formal steps, including obtaining medical records, securing independent expert evidence and allowing the defendant time to investigate and respond. If court proceedings are required, the court will set a timetable for the case to progress. However, only a small minority of medical negligence claims proceed to a full trial.

Throughout your knee replacement negligence claim, our specialist team will keep you updated and explain what stage your case has reached. We aim to progress knee surgery negligence claims efficiently while ensuring that your compensation reflects the full impact of the negligent treatment.