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Case Study

Delay in diagnosing tendon tear causes serious injury for loss adjuster at Southport and Formby District General Hospital

In a successful negligence claim against the Southport and Ormskirk hospital trust, a young man ended up with a long-term catastrophic arm injury following a series of misdiagnosis after a gym accident.

30-year-old JX, who works as a professional loss adjuster, was repeatedly told by his GP and by hospital staff that a tearing sensation in his shoulder while lifting weights at the gym was not serious and would heal itself.

Over the next few weeks, his arm continued to be extremely painful and discoloured and 3 months later he eventually had a private MRI scan, revealing the need for surgery to repair a torn tendon. Given his age and his love of exercise, JX felt he had no option but to agree to the operation in March 2016.

A few days after surgery, he was forced back to the private hospital suffering from fever and yet more pain. He was sent home with antibiotics but his condition worsened and after rushing to A&E at Southport Hospital, he was told he had a ruptured abscess likely due to a haematoma after surgery.

JX underwent two more surgeries where doctors cut up from his bicep to his shoulder to clean out the infection. He remained in hospital for more than a week.

He was left with deep scarring and was discharged with an open wound packed with antibiotic gel. He needed outpatient visits twice a week and is still unable to exercise fully because of restricted movement and is unable to work as he would like, affecting his financial status.

Rebecca's case centred on the failure to diagnose a ruptured tendon and refer JX for emergency surgery. After of two years of investigation and a strongly defended claim, she secured a five-figure sum for JX, including lost earnings and pain and suffering.

JX comments 'Fieldfisher were fantastic throughout the duration of the claim, professional, empathetic and reliable. I would highly recommend'.

Contact us

For further information about misdiagnosis claims and medical negligence compensation claims, please call Rebecca Drew on 0207 861 4141 or email rebecca.drew@fieldfisher.com.

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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 our no win no fee solicitors.

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