Miss J injured her knee at a music festival and sought appropriate treatment at hospital.
Upon initial review she was considered to have sustained a significant injury to her left knee. Despite this, there was a failure to diagnose and adequately treat an MCL (a band of tissue on the inside of the knee) injury. Miss J’s MCL failed to heal satisfactorily, resulting in ongoing pain, difficulty walking and additional disability.
The weakness in the MCL put pressure on her Anterior Cruciate Ligament (ACL) which, on balance contributed to its failure.
As a result of the negligent placement of the femoral tunnel, and consequently the endobutton, Miss J suffered immediate impingement, pain and discomfort. Consequently the ACL reconstruction failed within a matter of months.
Had the endobutton been adequately placed, Miss J would not have required further surgery to remove the metalwork. Further, she would not have required a further ACL reconstruction.
In addition to the above, Miss J is now at increased risk of re-rupture of the ACL, and at an increased risk of osteoarthritis.
Whilst it is the case that Miss J has now undergone a further ACL reconstruction, it is unlikely that she will be in the same position that she would have been had the initial ACL reconstruction been adequately performed. Further it is likely that the Defendant’s negligence will have an adverse impact upon Miss J’s employment.
Miss J’s case ended in settlement including the payment of damages for the pain, suffering and loss of amenity faced.