A retired businessman, who has been plagued by severe pain and disability since botched knee replacement surgery, has achieved a settlement of his claim against the NHS Commissioning Board worth £380,000.
The man, aged 79, had been on the NHS waiting list for a knee replacement before the board paid for him to undergo surgery at a private hospital. The operation went badly wrong and the prosthetic knee joint failed. Two further operations did not greatly alleviate his suffering and he was rendered largely housebound.
He had previously run a haulage company and, in semi-retirement, had worked as a chauffeur. It was argued that, but for the negligent medical treatment, he would have continued working part time. The board did not dispute liability and, as well as compensating him for his lost earnings, the payout will be used to provide a bedroom and bathroom on the ground floor of his home.
In cases involving medical mistakes, the settlement would be expected to be higher in the case of a younger person still in full-time employment. The level at which damages are set depends on all the circumstances, but ultimately is a matter of negotiation if settled out of court.
If you have suffered injury as result of negligent medical treatment, please contact a member of our team for advice
