Six-Figure Settlement for Negligent Shoulder Surgery

Elline Demetriou

Settlement following a claim against Bedfordshire Hospitals NHS Foundation Trust

Elline Demetriou, a Solicitor in our clinical negligence team, acted for a claimant, S, who pursued a claim against Bedfordshire Hospitals NHS Foundation Trust relating to negligent orthopedic treatment she received between 2018 and 2022.

The background

S had been suffering from left shoulder pain since 2010. She underwent an arthroscopic procedure in 2013 to alleviate the pain, but unfortunately, it persisted over the next four years. In 2018, S had a second arthroscopic procedure, which revealed severe osteoarthritis, and she was referred for urgent physiotherapy.

Approximately nine months later, during a consultation with an orthopedic surgeon, S was advised that she would benefit from a total shoulder replacement. She underwent the procedure in September 2019, but subsequently experienced recurrent shoulder dislocations.

In March 2022, S underwent a revision of her left shoulder replacement. In the hours following her operation, S reported pain and an x-ray was taken the following day, which showed an issue with the placement of the artificial shoulder socket.

Over the next few days, S continued to complain pain and pins and needles in her left shoulder and fingers. A CT scan revealed that the prosthetic screws were misplaced and had extended into muscle.  It took a few days for S to be informed of this, and she was advised that she would need to undergo a further operation.

Having lost faith in the clinicians, S requested her care be transferred to another Trust. Over the next 18 months, she underwent two additional shoulder operations, both of which could have been avoided if the first operation in March 2022, had been performed to a reasonable standard.

S’ injuries to her left shoulder and her multiple operations have caused her physical pain and pins and needles. Her condition significantly affected her ability to carry out activities of daily living, requiring her to rely on her family for assistance in the simplest of tasks, such as dressing, preparing meals, brushing her hair etc. She also suffered from disturbed sleep due to her shoulder pain waking her during the night, which continues.

The outcome

The Trust admitted liability for the surgeon’s failure to perform the operation of March 2022 to a reasonable standard of care, but initially denied that they should have offered S the surgery 18 months earlier than they did. Osbornes challenged the defendant on their reasons for this denial, which led to the Trust admitting that the delay to offer surgery earlier constituted substandard care. They accepted that by not offering S surgery 18 months earlier than they did, they caused her prolonged pain and suffering.

The claim concluded for a six-figure sum without the need to issue court proceedings, showing the exceptional expertise and dedication of Elline Demetriou and the medical negligence team who ensured justice for the prolonged pain and suffering caused by substandard medical care.

Contact us

Our medical negligence team at Osbornes Law is dedicated to ensuring that our clients receive the justice and compensation they deserve, and they will continue to fight for those affected by substandard medical care. If you or a loved one are suffering as a result of poor medical care, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811