Operation performed on wrong knee

Mr X was due to undergo an arthroscopy on his left knee at the Defendant’s hospital on 6 April 2010. Although correct procedures were undertaken to identify the knee to be operated on prior to Mr X being taken into theatre, once in theatre, the appropriate checks were not actioned and this resulted in Mr X’s right knee being operated on in error.

Mr X was immediately informed of the error by the Defendant when he came round from the anaesthetic and was immediately returned to theatre to have the operation performed on his left leg.

On leaving the Defendant hospital Mr X contacted a member of Davies and Partners’ Clinical Negligence team based in the Gloucester Office, with a view to bringing a clinical negligence claim against the Defendant hospital.

Once informed of the claim, the Defendant hospital undertook a full internal investigation and wrote a full letter of apology to Mr X, accepting that they had breached their duty of care.

As a result of undergoing a surgical procedure on the incorrect knee, Mr X recovered the sum of £7,000 from the Defendant hospital. A rough breakdown of the settlement figure is £6,000 for pain and suffering of undergoing an unnecessary operation and £1,000 for out-of-pocket expenses, including private rehabilitation treatment.

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