Can I sue for a failed knee replacement?
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7% of knee replacement operations in the last decade have failed.
The problem of failed knee replacements
The Daily Telegraph has reported that approximately 10,000 knee replacements have been given to patients using faulty implants, with 350 people requiring a second operation within 10 years due to “aseptic loosening” (failure of the joint without it being due to mechanical issues or an infection). This amounts to approximately 7% of all patients in the past decade – which is twice the accepted failure rate.
The NexGen implant, manufactured by Zimmer Biomet, an American firm, was withdrawn from the market in October 2022 having been in use since 2003.
In a comment to the Daily Telegraph, Dr Alison Cave, MHRA Chief Safety Officer has confirmed that they are actively reviewing all available evidence. It is further reported that Zimmer Biomet have confirmed a voluntary recall of the product pending further investigation.
According to the National Joint Registry over 100,000 patients receive hip or knee replacements a year. This revelation could therefore have potentially disastrous consequences for a large number of patients – many of whom are among the most vulnerable.
What is knee replacement?
Joint replacement involves major surgery and is therefore not carried out lightly. Knee replacement procedures are used to replace worn, damaged or diseased knee joints using an artificial joint. The artificial joints are inserted in adults of all ages, however, the majority of patients are between the age of 60 and 80 years old.
According to the NHS, the most common reason for knee replacement surgery is osteoarthritis, along with rheumatoid arthritis, trauma related injuries, knee deformity or problems with the supply of blood to the bone.
Can I sue for a failed knee replacement compensation?
While the news that these faulty joints have been fitted in so many patients is extremely concerning, it may be quite some time before the full extent the problem becomes known.
If you have had knee joint replacement surgery, and have opted to register your surgery on the National Joint Registry, you can search the database to see whether your particular implant is affected by the issues raised in this article.
If you have suffered a failure of your knee replacement and are able to show that it was due to a defective joint, then it is likely that you will be entitled to claim compensation.
A compensation claim can also be made where it can be shown that the medical treatment you received was substandard or where a medical mistake was made, such as using the wrong type of implant.
How we can help with a failed knee replacement claim
Our medical negligence team are highly experienced in dealing with compensation claims and are able to work on a No Win, No Fee basis.
We offer a free consultation service which you can access by email or telephone.
Because strict time limits apply in medical negligence cases we would recommend that you do not delay in seeking specialist legal advice.
Give us a call on 0333 888 0404 or send brief details by email to [email protected]
