Payout after 'botched' knee op a great relief, says patient

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Thursday, June 17, 2010
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This is Bristol

A MAN who claimed his knee surgery was botched by Scandinavian surgeons working at Weston General has received a substantial payout from the health trust.

Terry Heath, of Lockleaze, was left in agony after his knee replacement surgery at the hospital and launched legal proceedings.

He decided to take up the offer of surgery in Weston in 2004 as part of a £3 million scheme to reduce waiting times.

But like others who had joint replacement operations carried out by Scandinavian surgeons at the hospital during that period, the former Airbus worker was concerned that the surgery was not carried out properly.

The operation had to be carried out again at Southmead Hospital a year later to correct the alleged mistakes from the initial surgery.

Mr Heath, 66, had been an active man who had two jobs and enjoyed playing golf before the surgery but now he can barely do anything as he suffers so much pain.

He would not disclose details of the payout but said he will use the money to move to a bungalow to suit his disabilities and arrange for a walk-in shower.

The claim that was being made against the hospital was due to be heard on Monday, but two weeks before the hearing lawyers acting on behalf of Weston Area Health Trust settled out of court.

Costs being claimed through the case related to the effect the botched surgery had on Mr Heath's quality of life. He finds it difficult to move about even with crutches and has been told that he will need a wheelchair in the future. He has put on weight because he cannot move about a great deal and has a host of other health complications as a result.

Mr Heath, who used legal aid to fund his case, has shorter than average limbs and it is thought that the surgeons may not have taken this into consideration when operating on him.

He told the Evening Post that he believed something was wrong with the surgery straight away because he could feel the material that had been used for the knee replacement through his leg.

Mr Heath, who is married to Patricia, said: "When I heard the case had been settled it was a great relief. I was dreading the thought of having to go through the trial.

"It is great to know that I can now get on with my life and arrange all the things I need to help me get through my life now.

"I can't get in the bath and now I can get a place with a walk-in shower to make it better for myself and can get a scooter and all the things I need and that is brilliant."

Mr Heath's solicitor, Richard Barcan of Barcan Woodward, said: "The trust never acknowledged liability but the amount they paid suggests that they felt there was a high risk of a finding of negligence.

"This has been a very successful outcome to a long-running claim.

"Personally, I am delighted that the case has settled on satisfactory terms at last so Mr Heath can provide himself with suitable accommodation, equipment, therapies and care that he needs to make a real difference to his life.

"My regret is that it has taken this long to settle. Mr Heath really could have done with the funds several years ago but the trust has fought hard to delay the claim."

Surgeons were drafted in from Sweden, Denmark and Finland between 2003 and 2006 as part of the scheme to reduce waiting lists for hip and knee replacement patients across the Bristol area and beyond. They are no longer working at the hospital.

Weston Area Health NHS Trust spokeswoman Caroline Welch said: "The trust is pleased that a settlement has been reached with Mr Heath and hopes that the compensation agreed will go some way to assisting both him and his family. We would like to offer Mr Heath and his family our best wishes for the future."

A report into the use of overseas surgeons at the hospital has been carried out and will be referred to the trust board later this year.

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