Settlement secured after negligent shoulder surgery by consultant orthopaedic surgeon, Mr Shah

Our client suffered a fractured clavicle and underwent surgery to repair the injury. Unfortunately, this operation was not performed to an appropriate standard by consultant orthopaedic surgeon, Mr Shah, at Walsall Healthcare NHS Trust.  

As a result, the fixation plate for the fracture failed leading to significant pain and discomfort. Due to the failure of the first surgery, our client needed another operation to fix his fracture again. However, while in the anaesthetic room just before this surgery, he was advised that the appropriate surgical equipment was unavailable and Mr Shah would instead use a hamstring graft from his right knee to complete the procedure.  

Despite undergoing this further treatment, our client continued to experience ongoing shoulder pain and instability. Because of this, he sought private medical treatment and had an additional operation which meant he eventually made a successful recovery. 

The negligent treatment resulted in our client undergoing two further shoulder surgeries that could have been avoided if Mr Shah had performed the surgery well in the first instance. Our client suffered ongoing pain and a noticeable deformity of the right shoulder unnecessarily. The function in his dominant right arm was significantly restricted, with stiffness and a reduced range of movement affecting his ability to carry out everyday activities.

The injury also had a considerable impact on his lifestyle. Prior to the negligence, our client had been training for a triathlon and regularly participated in sporting activities. As a result of his symptoms and repeated surgeries, he was unable to continue training and had to postpone his sporting ambitions for a time.

The effects were also felt by his family. During his recovery, our client required assistance with daily tasks and personal care. His then-wife provided a lot of support day to day and was required to take time away from work in order to care for him during his rehabilitation.

Our clinical negligence team supported this client throughout his claim against Walsall Healthcare NHS Trust. The case centred around the poor standard of the initial clavicle repair surgery and the consequences, including the need for further avoidable surgery and prolonged pain and disability. We gathered evidence to show that the treatment our client received fell below an acceptable standard and directly caused the complications he suffered.

Through negotiations, the claim was successfully resolved, securing compensation of £25,000 for our client.

Although our client ultimately made a successful recovery from his injuries, the compensation recognised the pain and suffering he experienced as a result of the negligent treatment. The settlement addressed the avoidable complications he endured and the impact those complications had on both his personal life and his family. It gave our client some closure, allowing him to move forward following many years of dealing with the consequences of the failed treatment.

The trust also issued an apology to our client which recognised the wrongdoing our client had suffered, allowing him to begin to heal emotionally.

Experiencing medical negligence can leave you feeling frustrated and uncertain about what comes next. At Fletchers, we understand the challenges that arise when the care you received was not the care you deserved. Our specialist medical negligence solicitors are here to help, offering expert legal advice and unwavering support from the moment you contact us. We are dedicated to helping you and your family find answers and seek accountability so you can move forward. Speak to our team today to find out how we can help.