In 1997 Andrew dislocated his shoulder whilst practicing karate. Over the next three years his shoulder dislocated several times and at the end of 1999 he was diagnosed with recurrent dislocation.
After a medical investigation it was decided that surgery was the best course of action, although no mention was made to Andrew that there was a risk of nerve damage with the procedure.
The operation was carried out in April 2000. Andrew was given a nerve block for the pain, which he was advised would make him more comfortable after the operation. Andrew did not see a doctor or surgeon before being discharged from hospital, but had made a physiotherapist aware that he could not rotate or raise his arm.
During repeated visits to the clinic it was noted that there was wasting of the biceps, numbness down the lateral border of the forearm and weakness of the elbow flexion. Andrew had been practicing exercises recommended by the physiotherapist to strengthen the muscles but they had no effect.
By September Andrew had made a complaint to the hospital following their complaints procedure. He was then advised that the chances of permanent nerve damage had been so slight that he would not have been informed about it. Andrew underwent nerve conduction studies which showed that there was damage and poor activity in the biceps. The outlook for recovery was bleak. Andrew was told that there was a 25% chance of recovering full use of his biceps, a 50% chance of partial improvement and 25% chance of no improvement.
An independent expert found that the operative procedure was substandard and that the damage caused to Andrew’s nerve is clear evidence of negligence. The expert also believed there was an unreasonable delay in diagnosis and treatment following Andrew’s surgery. Instead of waiting months for a nerve investigation, Andrew should have been looked at as a matter of urgency, at least within four weeks. This would have meant Andrew would now have 70-80% normal use rather than the 30% which he currently has.
Andrew can no longer practice karate or play badminton and his hopes to become and Ambulance Paramedic are not possible.
Andrew was awarded £65,000, which included £25,000 for general damages, £20,000 for the Claimant’s disadvantage in the labour market and £10,000 for loss of career opportunity.
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