Written by

Amy Kirk - Associate & Chartered Legal Executive

The Incident

For years, our client had suffered from considerable shoulder pain.

The 59-year-old retiree from Tyneside received conservative treatment by way of injections, but in mid-2018, he decided to push for intensive treatment.

In December 2017, our client underwent a shoulder arthroscopic bursectomy and ACJ excision at Sunderland Royal Hospital (South Tyneside and Sunderland NHS FT) to alleviate his symptoms.

This was performed under general anaesthetic.

Unimaginably, the surgeon managed to fracture his anterior acromion during the operation and was then required to insert K-wires because of the mistake.

In addition to the fracture, our client had a post-operative wound infection that required antibiotics.

The following month, our client then required further surgery under general anaesthetic to remove the metalwork from his shoulder.

Our client has since had a prolonged recovery.


The case

During his recovery period, our client contacted Patient Claim Line to see if he was eligible to pursue a medical negligence case for his injuries.

Solicitors, Angel Chan and Amy Kirk took representation of our client’s case against the Defendant, South Tyneside and Sunderland NHS FT.

Both Angel and Amy were confident in securing a fair settlement, as it was clear that a fracture to the anterior acromion should not occur during this type of surgery.

Our client also advised that following the surgery, the surgeon came to speak to him and told him that during the surgery, he had accidently broken the bone. He was very apologetic and said it had never happened before.


The aftermath

In the immediate aftermath of our client’s experience of medical negligence, he was left with minimal ongoing symptoms, including but not limited to tenderness in cold weather where the wires were.

Our client’s wife also had to adapt her usual routine to help, taking on new responsibilities of dressing and washing.


The outcome

The case settled after a period of negotiation following the Letter of Response that admitted the negligence.

It settled for the final four figure sum of £9,300 and it was concluded that the settlement figure covered the pain and suffering our client had endured.

He said:

“Many thanks for the information. If we ever need a solicitor, or if any of our friends or family need a solicitor we will recommend yourselves.”

And on reflection for Fletchers Serious Injuries’ representation, Amy told us:

“It is widely accepted that any surgeon can make mistakes, nobody is perfect. The surgeon apologised to my client which he was grateful of.

The Defendant’s insurers dealt with the case quickly and costs were kept to a minimum.

My client can now use his compensation to continue enjoying his retirement.”


Amy Kirk is a Chartered Legal Executive / FCILEx within Patient Claim Line’s Medical Negligence department

Surgical medical negligence can be life changing for the patient and their family, if you believe that you have suffered medical negligence during a surgery, then please visit our negligent surgery page to find out more information about surgery claims.

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