Mr SP is a husband, father and grandfather. Prior to 2013 he enjoyed socialising, fishing playing snooker and swimming despite shoulder pain and discomfort.
Mr SP suffered with shoulder pain from 2002. Following a GP attendance in 2004 for ongoing pain, decreased range of movement and cracking he was sent for an x-ray which revealed osteoarthritis. A referral was made to the musculoskeletal assessment services (MSK).
In 2009 further x-rays confirmed that he now had osteoarthritis present in both shoulders.
In January 2013, Mr SP attended his GP complaining of pain in both shoulders and he was referred for an Orthopaedic opinion.
In February 2013 at the age of 45, Mr SP had a consultation with Mr Michael Walsh, Consultant Orthopaedic Surgeon at Spire Healthcare Leeds and he remained under his care until June 2017 when he was finally discharged. During this time he underwent both left and right shoulder joint replacement surgeries, physiotherapy, steroid injections, examination under anaesthetic arthroscopy, subacromial decompression, bursectomy and acromioclavicular (AC) joint clearance and numerous other investigations.
Mr SP suffered ongoing pain and limited range of movement, he found it difficult to carry out his everyday tasks and his mental health was impacted. He went on to experience problems unrelated to the negligence which affected his left leg and necessitated amputation. Given the ongoing pain and limited range of movement in his shoulders, he is unable to use parallel bars to assist with rehabilitation to get him back walking and as such his rehabilitation has been severely impeded.
In November 2018, Mr SP received a call from the Chief Matron at Spire Leeds Hospital and he was invited to attend a meeting as they had concerns about the standard of care that had been provided by Mr Walsh. Following his meeting with the Spire, Mr SP contacted Ison Harrison to seek legal assistance as he had been advised that both his left and right shoulder replacement surgeries may have been carried out incorrectly.
Independent expert evidence was obtained from a Consultant Orthopaedic Surgeon who identified that Mr Walsh had been negligent in and about his treatment and management of Mr SP from February 2013 onwards. It is alleged that the negligent treatment included, but was not limited to:
- A failure to adequately advise of the risks and possible complications of the left and right shoulder joint replacement surgeries and obtain informed consent;
- A failure to make detailed operation notes in respect of both shoulder joint replacement surgeries to allow an appropriate and full follow up;
- Failure to explain why there was a subacromial impingement problem at the left shoulder due to inevitable dislocation of the prosthesis and why similar problems were likely to be experienced in the right shoulder as well;
- Failure to interpret the post-operative x-rays correctly for both shoulder replacement surgeries and to warn of the significance of their interpretation;
- Failure to perform the shoulder joint replacements to an appropriate standard;
- Failure to adequately consent Mr SP in respect of arthroscopic decompression. In particular, he was not warned that this would not correct the underlying cause for the impingement;
- Undertaking an arthroscopic decompression which was not required.
It was further alleged that but for Mr Walsh’s negligence, had the correct prosthetic implants and techniques been used then on the balance of probabilities successful functional outcomes and reasonable pain relief would have been achieved in both shoulders without the need for all the multiple further procedures which ensued.
The above was formally put to Spire Healthcare Ltd who are responsible for the care provided by Mr Walsh in this case and they subsequently made a number of admissions. The admissions made have enabled us to secure a significant interim payment of compensation for Mr SP to help with his rehabilitation.
Ison Harrison continue to support Mr SP as we work through the allegations which remain in dispute and quantify his claim so as to bring it to a successful conclusion in a timely manner.
If you have concerns about the medical care you have received and want to have a chat to see if we can help you, please contact a member of the Clinical Negligence Team on 0113 284 5000 or alternatively email firstname.lastname@example.org.