Real-life case study of a compensation claim for shoulder surgery negligence.
Background to the Claim
Our client (who we shall refer to simply as Mr. G) suffered a significant shoulder injury. He went to his local A&E department, where he was diagnosed with a left shoulder dislocation and a closed fracture of his glenoid and scapula. His shoulder was ‘reduced’ at the hospital, and he was sent home.
Mr. G was later referred to another hospital where he was advised that he needed a medical procedure known as an ‘open reduction and internal fixation’ (ORIF) to repair his shoulder.
Post-Surgery Complications
Following the ORIF procedure, Mr. G continued to experience significant pain and a limited range of movement in his shoulder, despite receiving physiotherapy. Three weeks after surgery, he returned to the hospital, reporting severe pain and stiffness. No further investigations or radiology were performed and he was advised to continue with the physiotherapy. Over the proceeding months, the pain increased and Mr. G experienced continuing restrictions with his mobility.
He became increasingly concerned about his deteriorating condition and arranged a private consultation where an ultrasound and CT scan revealed that there was a misplaced screw from the initial surgery. He therefore required further surgery to remove the misplaced screw and following that he required rehabilitation.
The Medical Negligence Claim
Mr. GÂ approached us for a free consultation, seeking legal advice on whether he had been the victim of medical negligence. His case was taken on by medical negligence solicitor, Clarissa Ellerington. Clarissa agreed to deal with the case on a No Win, No Fee basis.
We presented the medical negligence claim on the basis that the open reduction and internal fixation procedure was performed negligently, with the medical team failing to identify and correct the misplaced screw. We also alleged that as a consequence of the negligence Mr. G experienced a prolonged period of pain and suffering, needed further surgery, and ran an increased risk of developing osteoarthritis.
Clarissa engaged an orthopaedic medical expert who supported the claim.
Settlement of the Claim
After a series of negotiations the representatives of the hospital accepted that the medical team had been at fault and an out of court settlement was reached, providing Mr. G with the compensation for the ordeal he had suffered.
How We Can Help Your Shoulder Surgery Negligence Claim
We offer a free consultation service during which a member of our team will assess your case and advise whether it is one we can assist with on a No Win, No Fee basis.
