Compensation for Patient Left with Metal Work inside His Shoulder for 7 Years
13 July 2015
Slater and Gordon Solicitor: Laura Craig is a Clinical Negligence Solicitor at Slater and Gordon Lawyers in London.
Laura has particular experience in spinal injury and neonatal death claims as well as product liability cases that include failed hip implants and pharmaceutical products.
Settlement Value: £25,000
What happened: Laura’s client was involved in a road traffic accident and suffered a broken collarbone.
He attended the Accident and Emergency department at his local hospital and was referred to an orthopaedic consultant. Surgery was recommended to treat his injuries and metal work was placed inside his shoulder to assist with the healing process. Following surgery, Laura’s client continued to suffer with pain and discomfort.
Following a number of review appointments and attendances at the local accident and emergency department, he was seen by his original consultant who advised that the metal work should have been removed six months after the operation. Following further surgery, the metal work was finally removed and the client’s pain and discomfort resolved.
How Laura helped: Laura pursued a clinical negligence claim against the hospital for failing to make her client aware of the need for further surgery before he consented to the first operation, and for failing to make a note in his medical records for the need to remove the metal work if it was causing pain and discomfort.
Laura obtained expert evidence from a consultant orthopaedic surgeon who provided a supportive report and copies of the manufacturer’s guidance to surgeons highlighting the need to remove the metal work within six months.
Impact: Laura’s client suffered pain and discomfort for seven years impacting his family and work life. He lost out on opportunities to be promoted at work and was unable to care for his young family.
Decision: Following a period of negotiation, Laura successfully settled the claim for £25,000.
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