We pursued an orthopaedic negligence claim for Gary who has
continuing pain in his right shoulder following a delay in
treatment. The claim was settled before trial for
£17,500.
Gary began to suffer from depression in July
1994. It became progressively worse until in March 1996 he was
voluntarily admitted to the Goodmayes Hospital for an assessment
pursuant to Section 2 of the Mental Health Act 1983.
On admission, Gary was prescribed an
anti-depressant which caused an epileptic seizure. This is one
of the recognised adverse reactions to that drug.
When he recovered from the fit he became
restless and agitated and complained about pain in both his
shoulders and elbows. He was taken to King George Hospital for
assessment in the accident and emergency department.
Gary continued to complain of pain in both
shoulders, treatment was only prescribed in respect of his left
shoulder. He continued to complain of pain in both shoulders
but nothing further was done orthopaedically to his right
shoulder.
Some days later he was seen by the
orthopaedic surgeon and X-rays were taken of his right shoulder and
a fracture of the neck of the humerus bones of both arms with
possible subluxation was diagnosed.
It was apparent that the injury to the right
shoulder had occurred at the same time as the injury to the left
shoulder.
If this diagnosis been made at the time, Gary
would have made a good recovery from the injury to the right
shoulder. He would have had manipulation under anaesthetic of
that shoulder and would not have developed avascular necrosis or
the continuing serious right shoulder pain.
The Health Authority admitted liability for
failing to diagnose and treat the original injury to the right
shoulder, but contested that earlier treatment would have made any
difference. The action was due to come to Court on 6
June.
The significant issue between the parties was
whether or not Gary would have returned to work as a
plasterer. On the balance of probabilities, it was thought
that even with optimum treatment he would not have got back to work
as a plasterer and therefore suffered no loss of
earnings.
We settled a few days before trial and Gary accepted £17,500
compensation for the errors in his treatment.
For further information or if you have an
orthopaedic negligence claim call
Paul McNeil on 020 7861
4019
or email paul.mcneil@ffw.com
You can discuss your orthopaedic
negligence claim with any member of our medical negligence claims team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.