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 the A&E Negligence 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
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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.
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