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James Bell discusses ruptured Bicep Clinical Negligence Claims

By Principal Lawyer, Clinical Negligence

Last June I blogged about ruptured bicep cases and mentioned that I had a number of Clinical Negligence Claims involving this type of injury.

I can now report back on 2 of the cases. In the first case, the claimant was just over 50 years of age and sustained a ruptured bicep at work.

He attended his GP 13 days later and was told that he just had a muscle strain.

The claimant had in fact sustained a ruptured bicep and the window to repair it was 4 weeks. Unfortunately he was not referred by his GP to an orthopaedic surgeon until 4 months after the injury occurred and the opportunity to repair the bicep was therefore lost.

My client sadly went on to lose his employment which was a physically demanding job. Earlier this year his claim settled in the sum of £275,000.00.

A second case has also recently concluded. Again the ruptured bicep occurred at work during an episode of heavy lifting. My client attended hospital immediately within a matter of hours of the injury.

He reported an audible pop in his arm and felt an electric shock sensation. Despite the classic symptoms the treating A&E doctor failed to recognise the symptoms as a ruptured bicep and he was discharged back to his GP.

His GP failed to notice the classic Popeye sign which was developing and when it was noticed he wasn’t referred to hospital on an urgent basis. Again in this instance the 4 week window to repair was missed.

Thankfully for this claimant he was able to continue in his employment albeit in a lesser capacity than before. Again this case settled for a substantial amount - £100,000.00.

Succeeding in these types of cases is not easy. Both claims were strongly defended by the doctors and their insurers. There were no admissions of liability.

I worked with the same team of experts on both cases and to ensure success in these types of claims you need the right experts, barristers and solicitors with a track record of experience and success.

There are 2 more cases in the pipeline and I will update the Blogosphere in due course as to whether these cases succeed.