Settlement for photographer unable to work following bicep tendon repair surgery at Hillingdon Hospital
Caron Heyes and Louise Astill secured a six-figure settlement from the Hillingdon Hospitals NHS Foundation Trust on behalf of a client who suffered nerve damage following a right bicep tendon repair surgery at Hillingdon Hospital.
Nick* had suffered a bicep tendon rupture injury to his right arm while exercising in the gym. His GP referred him to the Minor Injury Unit and then the Urgent Care Centre at Hillingdon Hospital. At an outpatient orthopaedic assessment a few days later, Nick was advised to undergo surgery to repair the tendon and was told about some of the risks inherent in the surgery. Two days later, Nick underwent the surgery.
Post-surgery, he was unable to extend the fingers on his right hand and had very little movement in his right thumb, despite which he was discharged home the same day. Over the next few weeks, Nick returned to the hospital several times concerned about the lack of movement in his fingers. He was told that he had suffered a partial radial nerve palsy.
Nick's motor difficulties and his pain post-surgery persisted for months. He was referred to a Peripheral Nerve Injuries Unit for nerve testing. It was concluded that his excruciating and persistent symptoms were caused by right radial and posterior interosseous nerve damage resulting from the surgery. Twelve weeks post-surgery, Nick regained movement in his fingers and thumb, however his severe neuralgic pain continued.
Nick underwent remedial surgery in the hope that this would alleviate his pain symptoms, but he continues to suffer persistent neuralgic pains.
Nick is a self-employed photographer and as a result of the injuries, he was unable to return to work as planned, missing opportunities to develop his business. He had to find alternative work below his skill set which badly impacted his earning potential.
Nick instructed Caron Heyes and Louise Astill to investigate his claim. They instructed orthopaedic and neurophysiology experts to assess the treatment provided by Hillingdon Hospital.
Valuing Nick's claim was complicated by the fact that as a self-employed photographer, the COVID-19 pandemic had impacted his business in addition to the consequences of the negligence. Following a considered evaluation of the claim, a six-figure settlement was reached, allowing Nick to manage his ongoing pain and supplement his lost earnings.
Following settlement, Nick said:
"I'm pleased and grateful to say that we won our case and it is over. I was guided very much by the considerable experience of Caron and the team as to what we should ask for. It was worth all the effort, and I'm glad I sought out the legal route. I have some money to help rebuild and knowing that the defendant has admitted liability does help to come to terms with what has happened.
Many thanks to Caron and the team."
*Name changed.
Contact Us
For further information about medical negligence claims or surgery negligence claims please call Caron Heyes on 03304606743 or email caron.heyes@fieldfisher.com or please call Louise Astill on 03304606147 or email Louise.Astill@fieldfisher.com
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- You can speak to our medical negligence lawyers on freephone 0800 358 3848
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