Medical Negligence Associate Solicitor
*Name has been changed to maintain confidentiality
Our client, Adam, had a fall when getting out of his car, which saw him damage his left shoulder. After the incident, Adam immediately attended the A&E department at Watford General Hospital for an X-ray. X-rays of the front and side view of the shoulder were taken and reviewed by a radiographer, who advised that he sustained a fracture from the accident. Soon after, Adam was dressed and sent home with a sling and analgesia for the pain.
A follow-up appointment was arranged with the fracture clinic at Hemel Hempstead Hospital and Adam was then seen by an orthopaedic registrar who took two more X-rays of his shoulder, again from the front and side view; for an overall review of his injury.
The clinician treating our client advised him that the fracture had started to heal and gave him some basic exercises to perform, in the form of physical therapy. Though Adam abided by everything advised by the physician, on his follow up appointment, the orthopaedic registrar was surprised that Adam had not regained full movement in his left shoulder. Arm abduction is a common test that physicians do when checking any form of limb injury, and by surprise, Adam could not raise his arm vertically.
After no luck with physical therapy or other advice from the physician, Adam was recommended to have a cortisone injection. These injections are to help alleviate pain, swelling or irritation of a joint in an exact area of your body, but are mostly injected into joints – like the shoulder, elbow or ankle.
With a long wait list on the NHS for these steroid injections due to delays, Adam decided to have the treatment privately at the BMI Chiltern Hospital. Upon seeking private help, our client was given two X-rays, including one taken from behind, and the regular front and side. Shockingly, Adam was advised that he may have a dislocated shoulder, but would need a CT scan to confirm. The CT scan was performed and it confirmed the diagnosis that the private healthcare provider believed he had, and he was then told that he would need surgery.
It became clear that Watford General Hospital had negligently missed the dislocation and had simply treated the fracture, even though the dislocation was visible from the front view X-rays that he had originally. Because of this, it was evident to Adam that he required a medical negligence solicitor, as this error from the original hospital meant that his injury was not just prolonged, but it was worsened in their efforts to fix it. Offering up physical therapy for a severely dislocated shoulder, and stating that a steroid injection was necessary was categorically wrong, and could have led to a severe damage in his arm permanently.
If you are suffering due to a missed diagnosis, get in touch with our Medical Negligence solicitors on 0808 239 6043 or
Our client was diagnosed with the BRAC2 gene some years ago, meaning she was more likely than most to develop breast cancer. Investigations also found she had a tumour measuring around 6cm in size and that the cancer had spread to the lymph nodes.
Our client had a routine operation to have polyps removed from his bowel. However, his bowel was damaged during the procedure, with part of it breaking down and forming a perforation (a hole). After waking from the anaesthetic, our client was in extreme pain and suffering with a swollen abdomen.
At the end of a six and a half hour procedure, surgeons noted that our client could not feel or move his right leg, which was pale and cold and had no pulse. Consequently, in May 2009, our client underwent an above knee amputation of his right leg.
National Center for Biotechnology Information. (2020). Shoulder replacement: Current concepts and future directions. Journal of Orthopaedic Surgery, 15(2), 123-135. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7428700/
Bupa. (2023). Shoulder replacement. Bupa: Muscles, Bones, and Joints. Retrieved from https://www.bupa.co.uk/health-information/muscles-bones-joints/shoulder-replacement
Mayo Clinic. (2023). Shoulder replacement. Mayo Clinic. Retrieved from https://www.mayoclinic.org/tests-procedures/shoulder-replacement/about/pac-20519121
NHS Resolution. (2023). NHS Resolution. Retrieved from https://resolution.nhs.uk/
The Chartered Society of Physiotherapy. (2020). Duty of Care 2021. Retrieved from https://www.csp.org.uk/system/files/publication_files/Duty%20of%20Care%202021.pdf
UK Parliament, House of Lords Library. (2021). Negligence in the NHS: Liability and Costs. Retrieved from https://lordslibrary.parliament.uk/negligence-in-the-nhs-liability-costs/
Kate joined the Clinical Negligence department at Simpson Millar in January 2023 after previously working at Chris Kallis Solicitors in Plymouth. Kate qualified as a solicitor in 2004 and has developed extensive experience in both Personal Injury and Medical Negligence.
Initially Kate started working as a Defendant Solicitor for firms such as Bond Pearce LLP and DAC Beachcroft Claims Ltd. This has allowed Kate to develop a tactical advantage to her cases, using the experience of how a claim is dealt with from a Defendant’s perspective.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 6043
