A dislocated shoulder is usually easy to treat and in many cases there is no need for surgery. While it can take months for the injury to resolve, it rarely results in a significant permanent disability however in the case of Mrs E, a failure to diagnose and treat her dislocated shoulder for over 3 months, has left her with virtually no function in her dominant arm and has rendered her unable to continue to care for her ill husband.
When Mrs E suffered a fall onto her right arm she attended her local hospital. The entire arm was painful. An injury to her elbow was ruled out in A&E and an Orthopaedic Surgeon arranged for wrist x-rays but did not arrange for any x-rays of the shoulder despite noting that Mrs E had restricted movement in the shoulder
Mrs E was referred for Physiotherapy but made such little progress that her Physiotherapist referred her for an ultrasound scan which took place over 3 months after Mrs E had first attended hospital. The scan showed that the shoulder was chronically dislocated shoulder and she now needed surgery to try and resolve it. Over the next 18 months Mrs E had 4 surgeries, the last being an attempt at a shoulder joint replacement. All of the surgeries failed and Mrs E was left with a persisting dislocation which was painful and restricted her movement.
At the time of her fall Mrs E had been her husband’s carer but she was unable to continue to provide care to the same level and carers had to be employed to look after her husband and her son had to leave his job to help care for both of his parents.
Mrs E came to us when her first surgery failed and we quickly established with independent medical experts that there was a substandard failure to examine her shoulder and arrange to have it x-rayed. Had the dislocation been diagnosed shortly after it happened, Mrs E would have had a successful reduction procedure and been able to return to caring for her husband as before within a few weeks.
When we approached the hospital, NHS Resolution who manage claims on behalf of their hospital members, denied liability for Mrs E’s injuries. They suggested that either she could not have had a dislocated shoulder for over 3 months because it would have been too painful for her to manage for so long or she had had a previous dislocation and not known about it! This was of course nonsense and court proceedings were issued in the Royal Courts of Justice. The hospital maintained their Defence of the claim but before we could even proceed to the early step of exchanging witness statements, the hospital made an offer in settlement which led to a series of negotiations settling the claim in Mrs E’s favour some 4 years after her original injury. Mrs E recovered a 6 figure sum in compensation for her injuries but was left without any option to restore her damaged limb.
The attitude taken by the Defendant’s in this claim is not unusual and it was disappointing that court proceedings needed to be brought before the Defendants would compensate the patient they had injured by failing to carry out an examination of her entire arm. The allegations we put to the Defendant did not change and the matter could have been resolved earlier to the benefit of both parties.
When you have independent expert evidence advising you that you did receive a standard of care below that which you should have and that it has caused you an injury, it is important and essential that you have specialist Solicitors you can trust to fight your claim on your behalf and get the justice you deserve. Armstrong Foulkes are specialists in medical negligence claims and we will take that fight for our clients.
Ashleigh Holt – June 2020