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Financial settlement for woman following surgery that left her in pain and with loss of movement

Financial settlement for woman following surgery that left her in pain and with restricted movement

Woman left in pain and discomfort following surgery

5 June 2014

Clinical negligence solicitor Angharad Vaughan has recovered compensation for Ms L who suffered a loss of function in her right dominant arm following surgery.

Ms L dislocated her right arm in an accident in 2008. She was advised by a Consultant Orthopaedic Surgeon at the Horton NHS Treatment Centre that an operation to insert a plate in her shoulder would be required in order for her to regain strength in the upper arm. Ms L was told that she would be able to return to work two weeks after the surgery.

Ms D’s arm and shoulder were progressing well prior to surgery. She felt able to return to work and in the circumstances queried whether surgery was necessary. She was advised that without surgery she would never regain full strength in her upper arm. Ms L was not advised of the option to manage her symptoms non-surgically, nor was she advised of risks associated with the operation other than infection. Based on the advice she was given Ms L signed the consent form and the operation went ahead.

Post-operatively Ms L was in extreme pain. She was discharged home a couple of days later despite her discomfort. When Ms L attempted physiotherapy she experienced an intense burning pain in her shoulder and was unable to continue. She was referred back to her treating surgeon and was eventually advised that she would need to undergo further surgery to remove the plate. At surgery, the extent of the damage was worse than expected.  

Despite extensive physiotherapy Ms L continues to suffer from pain and stiffness and does not have full movement or strength in her right arm. She has been advised that she is unlikely to recover further and that she will never regain the function required to return to work.  

Following Leigh Day’s investigation a significant financial settlement was secured to compensate Ms L for her injuries and other financial losses.

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