Failure to Diagnose and Treat Minor Orthopaedic Injury Cost Claimant his Livelihood Case
Mr Mc was helping a friend lift a table when he felt a popping sensation in his right armpit. At A&E he was diagnosed with a partial rupture of the bicep. He was given a sling and prescribed physiotherapy but after several months there was no real improvement. His right arm was weak, and he was unable to continue in his role as an Offshore Scaffolder. He could not climb safely or do any overhead work due to the pain and weakness.
As a result, Mr Mc’s GP referred him to an Orthopaedic Surgeon. This appointment took place almost 1 year post the initial injury. He diagnosed that Mr Mc had in fact suffered a ruptured pectoralis-major muscle at the sternal head. This should have been diagnosed and repaired at the time, but surgery now was unlikely to be of any benefit and he was unlikely to be able to return to his job for the last 20 years as a Scaffolder.
On our advice, Mr Mc lodged a complaint about failure to correctly diagnose his injury. The response indicated that Mr Mc received a thorough examination so we agreed to investigate Mr Mc’s treatment with the assistance of an independent expert Orthopaedic Surgeon specialising in shoulder injuries who confirmed that a competent examination during Mr Mc’s initial attendance would have demonstrated that this was not a rupture of either head of biceps and was a more substantial injury to the pectoralis major tendon. Mr Mc should have undergone scanning which would have confirmed the extent of the injury. Surgical repair would have occurred within 2 to 3 weeks, allowing Mr Mc to return to his pre accident strength and mobility and more importantly his job.
The Trust’s response to our formal Letter of Claim was an admission of liability but we appreciated that valuing Mr Mc’s claim was complex. He had lost his primary income from working as a scaffolder. It was likely he would have continued doing that work for another 20 years. At the same time, his pension contributions as well as his employer’s contributions to his pension ceased. Mr Mc did have a residual earnings capacity and had previously set up his own business to supplement his income but would not be able to replace it.
To assist us, we instructed financial experts to prepare loss of earnings and loss of pensions reports. With this evidence we were able to secure Mr Mc a settlement of over £300,000, the bulk of which was for his future loss of income.
The nature of the physical injury here was relatively minor and would not have had such a devastating impact on someone who worked in a less physical job. At Armstrong Foulkes LLP we look at cases on a case by case business and make assessments specific to the circumstances as to what evidence is required. Valuing financial loss can be extremely complicated and can require the assistance of qualified experts to provide objective, evidence based calculations. At Armstrong Foulkes LLP we know when this evidence is required and where to find it to ensure our settlements are fair and unreasonable and not under-settled.
Ashleigh Holt, September 2025