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Knee Replacement Claims

Suing the NHS or private healthcare providers for orthopaedic negligence

Get in touch for a free, no-obligation chat with our specialist clinical negligence solicitors.

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When Is a Knee Replacement Claim Possible?

Knee replacement negligence claims may be possible when avoidable errors occur before, during, or after surgery, leading to further pain, complications, or the need for revision surgery. These errors may include:

  • The use of the wrong size implant
  • Incorrect placement of the implant
  • Failure to diagnose or treat an infection
  • Nerve damage during surgery
  • Inadequate post-operative care
  • Failure to inform the patient of known surgical risks

If the standard of care falls below what is reasonably expected of a medical professional and results in harm, you may be eligible to make a claim. Speak to one of our clinical negligence specialists today.

    We will cover the costs unless we win your case.

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    Specialist negligence solicitors

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    Specialist negligence solicitors

    Am I Eligible to Make a Claim?

    To bring a successful claim, four key elements must usually be proven:

    1

    Duty of care

    The healthcare provider had a legal responsibility to care for you.

    2

    Breach of duty

    The care fell below acceptable medical standards.

    3

    Causation

    The harm you suffered was a direct result of that substandard care.

    4

    Damage

    You experienced physical, emotional, or financial harm as a consequence.

    Is there a time limit?

    You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.

    Related Claims

    Orthopaedic claims

    Hip replacement surgery

    Wrong-site surgery

    Keyhole surgery

    Other surgical errors

    Nerve damage

    Defective hip, knee & spine implants

    Defective medical devices 

    Anaesthesia error claims

    Hospital neglect

    Your Questions Answered

    What are the most common complications caused by negligence?

    Some of the most frequent complications that result in claims include implant loosening, misalignment, infection, and nerve damage.

    Patients may also suffer from dislocations, blood clots, allergic reactions, or incorrect implant sizes. If these issues are due to substandard medical care and cause further harm or require revision surgery, a negligence claim may be possible.

    Can I sue the NHS for negligent knee surgery?

    Yes. If you believe that the NHS provided negligent care that led to further injury, pain, or avoidable revision surgery, you may be able to sue for compensation. This involves demonstrating that the care you received was below an acceptable medical standard and that it directly caused you harm.

    Our solicitors can guide you through obtaining medical records, arranging independent assessments, and handling all legal steps.

    How much compensation could I receive for a knee replacement negligence claim?

    Compensation depends on the extent of your injury, its impact on your quality of life, and the financial losses you’ve suffered. Typically, claims cover:

    • Pain and suffering
    • Costs of corrective surgery or private treatment
    • Loss of earnings
    • Cost of mobility aids or home adaptations
    • Travel and medical expenses
    • Long-term care needs

    An independent medical expert will assess your injury and future prognosis, and this will help calculate an appropriate compensation figure.

    How do I prove negligence in a knee replacement claim?

    To establish negligence, we must show:

    1. Duty of care – that a medical professional was responsible for your treatment.
    2. Breach of duty – that the standard of care fell below what’s expected.
    3. Causation – that this breach directly caused your injury or worsened outcome.

    This is supported by medical records, expert testimony, and details of your physical and emotional suffering. If your surgeon failed to follow proper procedures, misdiagnosed an issue, or overlooked key risk factors, you could have a strong case.

    Can I make a claim on behalf of someone else?

    Yes – if the person affected by negligent surgery is unable to bring the claim themselves, a litigation friend can act on their behalf. This applies if the individual:

    • Is under 18.
    • Has limited or no mental capacity.
    • Has experienced cognitive decline or disability that prevents legal decision-making.

    Litigation friends are often family members or close friends. They make legal decisions in the claimant’s best interest and liaise with the solicitor to progress the case.

    What if the pain and issues only started months after surgery?

    Delayed symptoms don’t necessarily exclude you from making a claim. The three-year limitation period usually starts from the “date of knowledge” – when you first realised that something was wrong and might be due to negligent care.

    If your problems became apparent later, we recommend reaching out as soon as possible, so we can assess your position.

    Can I claim if I had a defective knee implant?

    Yes – you may be able to pursue a product liability claim against the manufacturer if the implant itself was faulty. This is separate from clinical negligence and focuses on proving that the product was inherently defective.

    Sometimes both types of claims can run in parallel if poor surgical technique and a faulty implant both contributed to your injury.

    Additional Resources

    Who do you want to file a claim against?

    Suing the NHS for negligence

    Suing the hospital for negligence

    Suing my GP for negligence

    Suing my dentist for negligence

    What’s the reason for your claim?

    Suing for malpractice

    Suing for misdiagnosis

    Suing for delayed diagnosis

    Suing for surgical negligence