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Case Study

£217,000 damages after orthopaedic surgeon fails to recognise and repair shoulder injury

Nilam Patel, Solicitor, acted for Sharon in a claim against Braintree Community Hospital in respect of the failure to diagnose and treat a traumatic rupture of her subscapularis muscle (part of the rotator cuff muscles) and an avulsion fracture in her shoulder.

Sharon was seen by Mr Houshian, a Consultant Orthopaedic Surgeon after falling and injuring her shoulder. She had arthroscopic surgery under the care of Mr Houshian during which he failed to diagnose and repair the ruptured rotator cuff muscle and avulsion fracture of the lesser tuberosity.

For years, Sharon continued to suffer with debilitating shoulder pain and reduced function.

Years later, shewent to see a private Orthopaedic Consultant where she learned of her avulsion fracture that had been present and untreated for nearly 6 years. Sharon underwent open shoulder surgery to repair the ruptured subscapularis and avulsion fracture.

As a result of the delay in surgical repair she has reduced function in her right arm and struggles with day to day activities involving hershoulder because of the pain and discomfort.

Nilam Patel investigated the claim against Braintree Clinical Services and issued Court Proceedings. During the Proceedings a report was disclosed by the Defendant in which approximately 100 patients who were under the care of Mr Houshian were reviewed. The report concluded that the overall standard of care provided by Mr Houshian was unsatisfactory in 25 of the 100 cases reviewed and there was a cause for concern in a further 19 cases.

Notwithstanding the failings identified and the fact that he had been struck off the medical register by the GMC, liability was denied by the Defendant up until three weeks before trial.

The claim settled shortly before trial at a settlement meeting for £217,000.

Contact us

For further information about surgery negligence claims and delayed diagnosis claims, please call Nilam Patel on 020 7861 4784 or email


All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee. Find out more about no win no fee claims.

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