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Four-Figure Settlement For Procedure Performed Without Consent

20 January 2017

A four-figure settlement was awarded to a patient who suffered extensive pain and rehabilitation when a surgeon performed a surgical procedure without consent.

Slater and Gordon Solicitor: Nick Greaves is a clinical negligence solicitor at Slater and Gordon Lawyers in London.

Settlement: £9,000

What Happened: Our client developed pain on the inside of her knee. Following an arthroscopy and partial meniscectomy the surgeon said that he had found some missing cartilage on the inside - which would explain her pain- and therefore carried out a microfracture. He told her that she needed to not put weight on her leg for seven to 10 days. 

Impact:  Our client was in considerable pain after several months.  She saw the surgeon again, underwent a further MRI scan and was referred for further physiotherapy.  She was later seen by another surgeon, who told her that the microfracture, for which she had not consented, had not worked and proposed considering anterior cartilage implantation. 

Our client found out that she actually had to be non-weight-bearing for a total of six weeks. Because she suffered a lot of muscle wastage during that period, she underwent intensive rehabilitation.  Our client suffered significant pain, swelling, loss of movement and delayed recovery.

Had the microfracture not taken place, our client would not have required personal care or domestic assistance after one week. She would have undertaken physiotherapy, requiring six to eight sessions over a period of two to three months. She would also have been able to walk normally within three to four weeks. Any symptoms of mild post-operative pain and swelling would have resolved within four to six weeks.

How Slater and Gordon Helped: Our client communicated to us that she felt that the surgeon carried out a procedure to which she did not consent. We instructed a consultant orthopaedic surgeon with specialisms in knee injuries who helped us to successfully argue that our client’s care fell below the standard that she reasonably would have expected. This was supplemented by a report on her condition and prognosis. A letter of claim was sent to the defendant and an appropriate settlement was negotiated over the course of a number of weeks.

Decision: A settlement of £9,000 was agreed.

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