We recovered £325,000 in compensation for a primary school
teacher suffering from chronic pain syndrome, which developed after
an error during surgery to her shoulder. The compensation was
recovered following a four year legal battle.
In December 2002, she had surgery on her right shoulder to treat
impingement syndrome, a common condition affecting the shoulder.
She had previously undergone a similar operation on her left
shoulder which was successful and from which she recovered
entirely.
The surgeon performing this operation however was negligent in
his duty of care, leaving the procedure unfinished. The patient’s
collar bone was left severed, which caused damage to her
surrounding tissue and nerves. This error was not identified for 11
months.
Although she underwent revision surgery, she developed chronic
pain syndrome and depression and had to give up her job as a
primary school teacher.
The Hospital Trust on behalf of the
surgeon admitted negligence at an early
stage, but refused to pay adequate compensation.
We were instructed in March 2004. In December 2005, The
National Health Litigation Authority acting on behalf of the
defendant Trust initially offered to settle her claim for
£27,500. We advised her to reject this offer.
In April 2008, the claim settled for the sum of £325,000
plus legal costs.
After the case Susan said: "From our first meeting Field
Fisher Waterhouse has been approachable, friendly, caring and
supportive. They have handled my case with great efficiency and
expertise but throughout showed an equal concern for my ongoing
clinical and treatment needs. I am very grateful to them for their
enormous contribution to the successful outcome of my
case."