Every patient has the right to make informed decisions about their medical treatment. When healthcare professionals fail to provide sufficient information about the risks, benefits and alternatives to a procedure, patients may be deprived of the opportunity to make the choice that is right for them.
In this case, Louise Smith, a Clinical Negligence Solicitor in NBB Waldrons’ Medical Negligence team, secured £12,000 compensation for a client who experienced years of pain and restricted movement following shoulder surgery.
Louise supports clients across the West Midlands, who have suffered harm as a result of negligent medical treatment. Based within NBB Waldrons’ Medical Negligence team in Dudley, she helps individuals and families navigate complex claims while seeking answers, accountability and compensation. Louise regularly advises clients on a wide range of medical negligence matters, including surgical negligence, delayed diagnosis and treatment failures. Her recent successes include securing compensation for a client following a delayed diagnosis of an ectopic pregnancy, highlighting the importance of prompt diagnosis and appropriate medical care.
Ongoing Problems Following Shoulder Surgery
The claimant first developed problems with his left shoulder in 2012 and was referred to Walsall Manor Hospital for further investigation and treatment. In June 2013, he underwent surgery in the hope of resolving his symptoms. Unfortunately, the outcome was not as expected.
Following the procedure, he was left with a noticeable deformity around the surgical site together with ongoing pain, tenderness and restricted movement. A fixation screw inserted during the operation subsequently loosened and became prominent beneath the skin, causing irritation and discomfort that persisted for years.
Despite seeking further treatment, his symptoms continued until December 2016, when he underwent an additional surgical procedure to remove the fixation screw.
The Impact on Everyday Life
The claimant experienced ongoing pain and a significant reduction in shoulder movement which affected many aspects of his daily life. Tasks that had once been routine became difficult, and he increasingly relied upon family members for help with dressing, household chores and other everyday activities.
The injury also prevented him from taking part in many of the hobbies and interests he had previously enjoyed. Activities such as playing the drums, football, swimming and DIY projects became difficult or impossible because of the pain and limitations he experienced.
Investigating the Care Provided
The Claimant instructed NBB Waldrons to investigate the treatment he had received and whether there were grounds to pursue a medical negligence claim. Cases involving shoulder surgery often fall within the wider category of orthopaedic negligence claims.
As part of the investigation, Louise obtained independent orthopaedic expert evidence. The expert identified concerns regarding the consent process before the surgery took place. Amongst other findings, it was concluded that the Claimant had not been provided with sufficient information about the risks associated with the procedure or the alternative treatment options available to him before consenting to the operation.
The importance of informed consent was reinforced by the landmark Supreme Court decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11, which established that patients must be made aware of material risks and reasonable alternative treatments before consenting to medical procedures.
Admission of Failings and Successful Outcome
The Defendant admitted failings in relation to the consent process but denied that the management and treatment was sub-standard. Following negotiations led by Louise, the claim was successfully settled for £12,000.
The claimant later commented: “The service I received from Louise was fantastic, that’s all I can say. Thank you Louise.”
Louise’s reflects: “Every patient has the right to understand the risks, benefits and alternatives before agreeing to treatment. This case demonstrates why informed consent is so important. Had my client have been given the information he was entitled to receive, he would have been fully informed as to the risks, benefits and alternatives prior to treatment being undertaken.”
How NBB Waldrons Can Help
Whether your concerns relate to surgery, diagnosis, hospital treatment, GP care or informed consent, obtaining early legal advice can help you understand your options and whether a claim may be available.
NBB Waldrons supports clients from offices in Merry Hill, Kingswinford, Dudley, Worcester, Walsall, Harborne near Birmingham, Cheltenham and London, we support individuals and families throughout England and Wales.
