Compensation After Negligent Surgery Ends Glen’s Career
Glen received £260,000 in compensation following negligent knee surgery in 1993. We provided medical evidence to support Glen’s claim. We showed that he would have been able to continue his career in the Army if it hadn’t been for the negligence.Glen was an Infantry Solider in the Army when he suffered an injury to his left knee in July 1991. He underwent treatment for the injury to include physiotherapy and an ACL reconstruction using a carbon fibre ligament. The surgery for the ACL repair was carried out in January 1993 by an MOD surgeon.
Glen’s symptoms did not improve and although he had been downgraded he was subsequently discharged from the Army in April 1994, on medical grounds. Glen’s knee deteriorated further in 2003 and he was assessed on the NHS. In October 2003 he was told that his ACL was intact and that the surgery in January 1993 was unnecessary.
We obtained supportive medical evidence. This confirmed the surgery in 1993 was not only carried out unnecessarily but carried out negligently. The carbon fibre ligament was placed in the wrong position. This caused additional wear and tear on the joint resulting in the carbon fibre ligament breaking down. This added to Glen’s symptoms.
Agreeing compensation for Glen
The Defendants initially denied liability but altered their position in their Defence. They accepted the surgery should not have been carried out and that the carbon fibre ligament had been fitted negligently. However, they continued to dispute that the Claimant would have remained in the Army in any event. This remained a contentious issue between the parties.
It was Glen’s case that he would have remained in the Army had he not had the negligent surgery in 1993. This particular issue had a significant impact on the level of compensation that might be awarded due to loss of earnings and pension. The Parties eventually reached a settlement at a joint meeting and Glen was awarded £260,000.
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