A total of 26 patients have instructed Ison Harrison’s medical negligence solicitors to investigate the care they received by Mr Michael Walsh at Spire Leeds Hospital and Nuffield Health Hospitals Leeds. 

Here is the case of Mr KL v Spire Healthcare Limited.

Mr KL was a very active man with a young family, who trained 5 days a week and enjoyed competing in triathlons regularly.  He was a qualified personal trainer and building up a client base alongside his main job as a Warehouse Operations Manager.

In 2015, at the age of 27 he developed pain in his left shoulder and went to see his GP. He was referred for physiotherapy which he attended on a regular basis. The physiotherapy didn’t appear to be helping and his pain was worsening, so he was referred for a steroid injection.  Unfortunately, the injection didn’t improve his pain.

Mr KL was then referred to Mr Michael Walsh, Orthopaedic Surgeon at the Spire Hospital Leeds, in August 2015. A left shoulder ultrasound was carried out which demonstrated changes in the AC joint and he underwent decompression surgery in August 2015, followed by physiotherapy. Despite the surgery and ongoing physiotherapy, Mr KL’s symptoms were worsening. He was referred back to Mr Walsh.

By March 2016 his left shoulder was worse than it had been pre-operatively and he had lost range of movement.  Further investigations were carried out and Mr KL was given a steroid injection, which again had no effect.  He was therefore listed for revision surgery, which took place in December 2016. The surgery offered no improvement and consequently he underwent a further revision in March 2017.

Unfortunately, Mr KL noticed very little improvement. Nevertheless, he was discharged by Mr Walsh in June 2017 and it was recommended that he continue with physiotherapy. Mr Walsh advised Mr KL that his shoulder was the best it would ever be and he had to accept nothing else could be done.

Mr KL’s injuries impacted every aspect of his life. Due to the ongoing pain and limited range of movement in his shoulder, he was prevented from lifting his children, helping his partner around the house and participating in triathlons. Mr KL withdrew from socialising and was forced to end his career as a Personal Trainer.

He started to suffer with low mood and low energy following his second shoulder surgery in December 2016, which led to gradual weight gain.  He has since been diagnosed with a Chronic Adjustment Disorder and has suffered symptoms similar to a bereavement, in that he suffered so much loss in his life. He has been recommended to have Cognitive Behavioural Therapy to help him through this.

Mr KL was unexpectedly contacted by Spire Healthcare Limited in January 2019. The letter stated that an Orthopaedic Surgeon had reviewed the care provided by Mr Walsh and had identified some areas of concern. Spire were concerned that Mr Walsh had unnecessarily performed Mr KL’s third operation because it was unlikely to have made any difference to his symptoms. It was later identified that he would benefit from a further surgery to rectify the mistakes made, which was fortunately successful.

Mr KL was alarmed and he contacted Ison Harrison for legal advice. Expert evidence was obtained from an independent Consultant Orthopaedic Surgeon. The evidence identified numerous failings in the care provided to Mr KL by Mr Walsh. It was considered that had the first surgery in August 2015 been carried out to a reasonable standard, on the balance of probabilities, he would have been left entirely symptom free with an entirely functional left shoulder. Further, Mr KL would have avoided all 3 of the subsequent surgeries.

The above was formally put to Spire Healthcare Ltd as they were ultimately responsible for the care provide by Mr Walsh in this case.  Spire Healthcare Ltd admitted some of the allegations of negligence and denied others.  An offer to settle Mr KL’s claim was put forward by Spire Healthcare Ltd in the sum of £25,000, plus Mr KL’s reasonable legal costs.

Having considered the allegations which remained in dispute and having investigated and quantified all of the past and future losses sustained by Mr KL as a result of his injuries, further negotiations were entered into and the claim settled for damages in the sum of £50,000, plus Mr KL’s reasonable legal costs.

Mr KL was supported throughout by Ami Law, and he was grateful for her assistance and advice.

Have you suffered medical negligence by surgeon Michael Walsh at either Spire Leeds Hospital or Nuffield Health Hospital?

If you require advice and assistance in respect of a potential clinical negligence claim, please contact a member of the Clinical Negligence Team on 0113 284 5000 or alternatively email clinneg@isonharrison.co.uk.

Find out more about Michael Walsh shoulder surgery negligence.

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