Circumstances of claim
We acted on behalf of a client in a medical negligence claim where his treating surgeon failed to obtain informed consent before he underwent meniscectomy surgery. Our client had suffered from symptoms in his knee. His surgeon failed to take a proper history and had this occurred, it would have been apparent that the symptoms were degenerative in nature.Our client was only offered surgery and no alternative treatment options, such as physiotherapy, were discussed or offered.
Our client ended up in a worse position than he would have had he undergone conservative treatment rather than surgery. He pursued damages for the pain and suffering he sustained as a result of undergoing surgery. Our compassionate approach aimed to provide support to the individual while pursuing appropriate compensation.
How we helped our client
The Health Board denied liability for what happened. Their position was that our client would have undergone surgery even if he had been offered alternative options.
We obtained expert input from an orthopaedic surgeon who concluded that a fuller history ought to have been taken and had that occurred, surgery would not have been offered as an option. Whilst our client did have pre-existing degenerative issues with his knee, our expert considered that those changes had been accelerated as a result of undergoing the surgery and that this expedited the need for him to require knee replacement in the future.
We raised Court proceedings against the Health Board. The case was based on the surgeon’s failure to obtain informed consent. Had such consent been obtained, and our client had been made aware of the material risks involved with surgery, we argued that our client would have opted for non-surgical treatment.
Settlement
Ultimately, we managed to negotiate settlement of our client’s claim for £7,500. It is difficult to prove that a patient would not have proceeded with a recommended option even if a full discussion on material risks and alternative options had taken place. This was therefore an excellent outcome for our client.
At Calio Claims, we strive to merge empathy, efficiency, and expertise in every case we handle. This case underscores our commitment to supporting people in the most challenging circumstances. If you've experienced medical negligence, reach out to us for dedicated support and guidance tailored to your unique situation.
