Hospital Operative Knee Injury Claim - Case Studies

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Our client was employed as an operating department practitioner for Greater Glasgow Health Board at the time of his injury. He contacted Thompsons, through his union, in relation to a manual handling incident which occurred on 14 June 2016 during the course of his work.

The background

On the day of the injury, our client was working a ten-hour shift as an operating department practitioner at Queen Elizabeth University Hospital when, assisting with the transport of a patient to an operating theatre, he was required to hold open double doors while attempting to manoeuvre the patient into a cramped room. During this process he found himself balanced uncomfortably and felt a sharp pain in his left knee.

The consequences

The claimant continued with his shift but felt restricted with his movements and took pain medication later that evening. On his return to work, a day later, he felt considerable pain in his knee and alerted his line manager. He attended accident and emergency where, following examination of his swollen knee, he was advised to stay off work for six weeks.

He attended multiple physiotherapy appointments, but, after five weeks and feeling pressure to return to his job, he attempted to begin working normally again. Our client continued to feel pain in his knee which required medication to control the pain and, in December 2016 received an MRI scan which revealed a tear to his medial meniscus. In January 2017 he had surgery to repair the tear and to clean up the cartilage in his leg. Following the surgery, he developed cellulitis in his right foot and ankle which required a course of antibiotics.

The settlement

After being contacted by the client, we intimated a knee injury claim to his employers. However, they failed to provide their position so we raised court proceedings in the All-Scotland Personal Injury Court.

Thompsons work accident solicitors arranged for the claimant to be examined by a consultant orthopaedic surgeon who confirmed that the injuries were consistent with the accident as described. This report further stated that the claimant should allow for a 12-month period of recovery.

Shortly after court proceedings were raised, the defender made a settlement offer of £3,000. However, we advised that this offer was too low, so it was formally rejected. Shortly afterwards, the defender increased its offer to £3,750. This offer was accepted and formalised on 25 July 2019.

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