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Clinical Negligence Solicitor Settles Negligent Surgery Compensation Claim surgery

26 June 2013

Shoulder surgery cases tend to be fairly tricky in proving breach of duty and causation. Our client suffered injury to his right acromioclavicular joint after falling over.

Our client attended hospital on two occasions where the acromioclavicular joint injury was negligently missed after X-rays on both occasions.

After further consultation with his GP, our client was referred back to hospital, and eventually had surgery more than 6 months post injury. Our client was negligently advised to have an acromioclavicular joint 'tightrope' operation which was inappropriate in the circumstances.

The 'tightrope' operation was also negligently performed, resulting in over reduction of the acromioclavicular joint, eventual failure of the fixation device and the need for revision surgery 6 months later.

Incredibly, this revision was also negligently performed and resulted in permanent residual symptoms. But for the Defendant’s negligence, by way of delayed, inappropriate and/or necessary treatment our client would have recovered from his acromioclavicular joint injury within a few months.

The x-rays were withheld from us until a pre action disclosure application was made. Liability was initially denied by the NHS despite the overwhelming evidence against them.

After issuing Court proceedings the Defendant offered £40,000 which was accepted.

James Bell is a Clinical & Medical Negligence Solicitor at Slater and Gordon Lawyers in London.