Joint Surgery and Joint Replacement Claims Solicitors

It is impossible to overstate the role our joints play in our day-to-day lives. Whether we are going for a jog, picking up shopping bags, typing up an email – even walking from one side of the room to the other – our joints give us the stability and range of movement that most people depend on every day.

There are numerous reasons why our joints fail to provide us with the mobility we are used to, or cause us noticeable pain and discomfort. These include:

Wear and tear

The most common reason for joint surgery and joint replacements is long-term wear and tear. Most joint replacements are performed on older age patients, particularly if they have been involved in strenuous activities throughout their lives.

Osteoarthritis is a common condition associated with ongoing wear and tear of the joints. This is where the protective cartilage on the ends of your bones breaks down, resulting in pain, swelling and movement problems that cannot be healed.

Congenital conditions

Some people will be genetically predisposed to have joint pain and problems, which can necessitate ongoing treatment or surgery to correct.

An example of a congenital joint problem is developmental dysplasia of the hip (DDH). This is where the “ball and socket” hip joint does not form correctly in babies or young children. This may be treated by having the child wear a Pavlik harness for several weeks or, if the problem is not diagnosed until they are over 6 months old, surgery.

Injury and trauma

A traumatic, sudden injury, such as a traffic accident, heavy fall or sporting collision, can also cause significant damage to someone’s joints that require surgery to correct.

Other orthopaedic diseases can include bone tumours and sarcomas. These may be experienced as pain and are sometimes visible or felt as a lump under the skin.

Joint replacement is often explored as a last-resort intervention, which is why it can be devastating for patients when the surgery does not go as planned.

While the vast majority of joint surgeries are conducted to a good standard, and remedy the pain and suffering that the patient had been experiencing, errors do happen. Whether it is due to a lapse in concentration or a misinterpreting scans, there are several ways that a joint procedure can go wrong:

Damage to nerves and blood vessels

It is vital for surgeons to protect the nerves and blood vessels surrounding the operation site. If the nerves are stretched or damaged, or injury to the blood vessels is not addressed during surgery or not promptly identified post-operation, it can cause a range of serious issues.

For example, if blood supply is restricted to the nerves or muscles, they mayd die which could result in long-term nerve damage and muscle wastage.

Using the wrong size prosthesis

If a prosthesis is fitted during a joint replacement surgery, it has to fit well in order for the surgery to be considered a success. If the components used are either too large or too small, this can negatively affect a person’s wellbeing, movement and stability in the coming weeks, months and years.

For instance, if the artificial component used in a knee replacement is too small, it can limit how much the patient’s knee can bend, or cause pain. If the component is too large, it can lead to instability, affecting someone’s balance and ability to move unaided.

There is a limit to the number of times that a single joint can be replaced. This means that an error made by a surgeon which requires a revision to correct it can greatly alter someone’s limb function and mobility in the long term.

If the prosthesis itself is faulty, and the surgeon was not aware of this, this is not a medical negligence claim, but a product liability claim.

Fitting the prosthesis incorrectly

If the angle at which a prosthesis is fitted is incorrect, this can also cause ongoing pain and lead to problems with movement and stability. When a component is not positioned correctly or securely, it can gradually become loose and unstable, even if the surgery initially appears to have been successful.

In severe cases, tissue damage may be caused by loose components, which may irritate and could cause infection and permanent mobility problems even after corrective surgery.

Infection

As is the case with any surgical procedure, open wounds and cuts can provide entry points for bacteria and viruses to enter the body. In addition, contaminants may also be transferred into the body via a prosthesis or artificial component.

Never events

A never event is when something entirely preventable occurs during surgery that has negative repercussions for the patient, including:

• Swabs or instruments being left inside the body

• Surgery being performed on the wrong part of the body

• The wrong type of blood given during a blood transfusion

Other potential errors that can occur during joint surgery can include:

• Using too little or too much anaesthetic

• Removing too much or too little bone during an osteotomy

• Poor monitoring by medical professionals pre- and post-surgery

• Damage to tissues, cartilage, ligaments or veins

In all forms of clinical negligence, the onus is on the claimant to prove that a medical professional breached their duty of care, and that this was the direct cause of their pain, suffering and loss of amenity.

As specialist negligence solicitors, we will thoroughly investigate all available evidence associated with your claim, including:

• Medical records

• Claimant statements

• Witness statements

• Complaint correspondence

• Independent medical opinion

As part of our investigations, we will work with an impartial independent orthopaedic surgeon that specialises in your affected area – shoulder, hip, knee, etc. Their insight and expertise is crucial to help us establish:

• Whether your surgeon or another healthcare professional breached their duty of care towards you

• Whether your surgeon’s actions or inactions directly caused the pain and suffering you experienced

• How your circumstances have changed, and what support you need moving forward

With this information, we will be able to determine whether you have a valid claim, and quantify the amount of compensation you are entitled to.

In most cases, you must make a joint surgery claim within 3 years of your injury being realised. However, there are exceptions:

• Children making a claim have until their 21st birthday

• There is no time limit for anyone who is mentally incapacitated

• If the claimant passes away within the 3-year window, the 3 years start again from their date of death

The Court also has discretion to allow claims to be brought out of time. Contact us today and we will be happy to discuss your situation.