We acted for a 70-year-old man from Northern NSW who suffered significant injury to his right knee, following a bilateral total knee replacement procedure (TKR).
Our client underwent a TKR in both his left and right knees, during which his kneecaps were not resurfaced.
Not long after his knee replacement surgery, he experienced problems with both knees and sought medical advice from his treating orthopaedic surgeon.
He accepted the surgeon’s recommendation to undergo a resurfacing procedure, which involves cementing a plastic patella “button” onto the kneecap. A few months later whilst on holiday, he experienced a cracking sensation, felt a “pop” in his right knee and began experiencing significant discomfort and swelling. He was forced to cut his holiday short. This was later determined to have been caused by the patella button being torn from his kneecap.
The dislodged patella button was eventually removed by another surgeon, but our client has suffered significant pain and reduced motion in his right knee ever since. This injury has seriously impacted our client’s ability to function and enjoy his retirement. He now finds it difficult to undertake his share of the house and property maintenance (which was previously significant as he lives on a farm with his wife).
He is no longer able to drive for more than two hours and has had to sell his caravan, which he previously took on holidays with his wife. He has lost the capacity to enjoy most of his previous leisure activities and has lost enjoyment and amenity of life.
Medical evidence confirmed that our client was unable to undergo any further revision surgery due to the level of deterioration in his knee. His injuries can therefore only be managed through occupational therapy and medication and he has been advised that he will never see any major improvements in his knee.
We commenced legal proceedings against the surgeon who was alleged to have negligently performed the resurfacing procedure. We were able to achieve a successful outcome for our client, who received a considerable lump sum settlement.
Our client said he was very satisfied with the positive outcome and the way he was treated by the team at Catherine Henry Lawyers.
If you or a loved one has experienced poor treatment from a health care practitioner, our professional health law team can help advocate for you and seek justice. Please talk to us about the options available to you.
*Contribution to this article was made by CHL paralegal Nick Audet.