Marcus initially instructed Fieldfisher to investigate a claim concerning the delayed diagnosis and treatment of sepsis which developed secondary to knee revision surgery (open stabilisation of right patella). However as investigations progressed, it transpired that his original right knee replacement was performed negligently, as was the revision procedure a year later.
Emma instructed an independent orthopaedic surgeon to review the case, who advised that Marcus' surgeon had been negligent because:
During the initial right knee replacement in 2018, the surgeon had probably placed the femoral component in a sub-optimal position and adopted an unorthodox and unrecognised surgical technique. The surgeon removed a significant and unreasonable amount of Marcus' patella and did not replace it with a prosthetic surface. As a result, Marcus was left with an unstable knee joint.
Prior to undertaking a revision procedure in 2019, the surgeon failed to establish the cause of Marcus' ongoing knee problems, undertake a CT scan or seek a second opinion. He did not give Marcus the option of conservative management, which Marcus would have preferred. The surgeon did not therefore obtain Marcus' informed consent for surgery.
Following the revision procedure in 2019, the surgeon failed to diagnose and treat a severe, deep-seated infection which arose either at the time of surgery or when the surgeon later aspirated Marcus' knee in non-sterile environment.
Had Marcus been treated competently, he would have undergone a straightforward knee replacement and made a good recovery. Instead, he had unnecessary invasive surgery, developed sepsis and was admitted to the intensive care unit in a life-threatening condition. He developed endocarditis and required prolonged, ongoing care.
Emma obtained input from microbiology and intensive care specialists before presenting the claim to the Defendant with an early offer to settle. Following investigation, the Defendant accepted Marcus' offer. There was no formal admission of liability, however the damages paid to Marcus were a clear acknowledgment of the negligent medical care he received.
"Thank you so much for taking on my case and for your highly professional help and guidance in successfully achieving this impressive outcome."
Emma instructed Counsel Ben Bradley of Outer Temple Chambers to assist with the case.
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