Victim Forced To Leave Work As A Result Of Problems

A former building site manager who was forced to leave work following problems during surgery which led him to lose most of the function in his right arm and hand has spoken of his relief after lawyers secured him a settlement regarding his ordeal.

William Simpkins, 69, from Bristol, had debridement surgery at the Royal United Hospital (RUH) in Bath in April 2012 due to arthritis in his right elbow, but suffered a fracture and a serious injury to his median nerve during the procedure.

Three months later, and prior to the discovery of the latter issue, he had exploratory surgery in which the surgeon chose to proceed with a nerve graft procedure without consent. The treatment was unsuccessful and Mr Simpkins was left with a loss of function, numbness and pain and a hand deformity as a result of the problems.

Mr Simpkins instructed specialist medical negligence lawyers at Irwin Mitchell and the legal experts launched legal action against Royal United Hospital Bath NHS Foundation Trust in relation to a host of concerns, including the failure to perform surgery with the necessary care and skill and the failure to gain consent for the graft.

Now, four years on from the surgery, the lawyers have secured a six-figure settlement for Mr Simpkins in relation to the issues that he faced.

Expert Opinion

“This is a terrible case which highlights the huge consequences that failings in surgery can have, with William suffering very serious injuries leaving him with no option but to leave work.

“Our investigations uncovered a range of concerns and our hope is now that every effort can be made to ensure that lessons are learned from this case. While we are delighted to have secured this settlement, it is clear that these circumstances should not be repeated in the future. The compensation awarded to William will support his long-term care, rehabilitation and therapy.” Julie Lewis - Partner

As a result of his injuries, Mr Simpkins is unable to carry out simple day to day activities that most people take for granted, such as doing up buttons, preparing meals, putting on shoes and slicing bread.

He said: “I was referred to Royal United Hospital due to arthritic issues with my elbow and told debridement surgery was the best way forward. However, after the procedure it was clear that something was badly wrong.

“As a result I had the further surgery and was only told afterwards that a graft procedure had been attempted. Ultimately you place great faith in medical professionals, so I was quite shocked that they never asked me about this beforehand.”

Discussing the impact that the injuries had had on him, Mr Simpkins added: “These problems have made me lose a huge amount of independence. I now need help with a host of tasks which most people take for granted, even related to personal care and issues around the house.

“It was also tough having to accept that I was not able to go back to work due to the problems. This surgery was supposed to improve the movement in my arm and hand but everything has just got so much worse.

“Nothing will change how this has affected me, but the settlement is at least a relief and means that I can look a little more positively to the future. I just hope that lessons are learned from my case so no one else suffers like I have in the future.”

Read more about the work of Irwin Mitchell's Medical Negligence Team here.