We helped Lewis* claim a six-figure settlement after a surgeon performed an operation negligently. He was left not able to enjoy the retirement he’d planned and forced to close a business he loved.
What happened to Lewis?
Lewis was a former property developer who’d semi-retired. He was experiencing ongoing pain in his left shoulder.
Following examinations and an MRI scan, a consultant orthopaedic surgeon diagnosed Lewis with a partial tear in the left rotator cuff.
The orthopaedic surgeon recommended Lewis underwent a decompression and rotator cuff repair. This was performed in October 2017. At no point was any alternative treatment discussed with Lewis and his family.
After the surgery, Lewis had physiotherapy but continued to have pain in his shoulder. Another MRI scan in January 2018 showed there was a re-tear in the rotator cuff.
His condition deteriorated, leading to a severe infection and multiple follow-up procedures.
How did this impact his life?
The ongoing pain and subsequent limited mobility impacted his daily life. Lewis could no longer do activities he once enjoyed and struggled to continue working.
Lewis was a successful property developer and a majority shareholder in his own company. His shoulder problems resulted in his business eventually closing.
At the time of the original surgery, Lewis was semi-retired. He’d planned to spend more time with his family, pursue new hobbies, and explore new business opportunities. The ongoing issues with his shoulder meant he couldn’t continue in a consultancy role and had to reimagine his retirement plans.
How did Irwin Mitchell help Lewis?
Lewis came to our medical negligence team to investigate what went wrong with his care and see if he could claim compensation. Ash Menon-Harper, a solicitor in our medical negligence team, supported Lewis and his family with their claim.
Ash used an independent medical expert to examine the care and treatment Lewis got. Their expert opinion was used to form the basis of our claim that the surgeon acted negligently when:
- Performing the surgery
- Not suggesting alternative treatment plans.
Both resulted in the re-tear and the ongoing pain and suffering for Lewis.
When presented with our claim, the surgeon denied liability. They stated the procedure was the right one for Lewis, and it was performed to an appropriate standard.
With a court date set because of the denied liability, we were able to settle the claim before the trial started. This meant Lewis didn’t need to endure the added stress of going to court.
A six-figure settlement was agreed with the defendant. Lewis plans to use the money to fund ongoing treatment and therapies, as he hopes to enjoy the retirement he’d planned.
Client feedback
After his claim was settled, Lewis said: “Irwin Mitchell acted on my behalf in respect of a medical negligence claim, a process that commenced in 2018 and which recently reached a successful settlement.
“Over the course of the proceedings, I was represented by Alexandra Winch, Rebecca Lanham, Ash Menon-Harper and Elizabeth Paterson, each of whom provided a high standard of professional advice and service.
“They each demonstrated a robust approach in representing my case coupled with a high degree of professional ability and competence in their methods of deployment.
“They told me what I needed to hear, not what I might wish to hear and that was important to me.
“I always felt that my best interests were being robustly represented. There were times throughout the duration of the matter that.
“I found it stressful, but the team at Irwin Mitchell understood, and they acted with consideration and great empathy. I hope never to have to go through such an experience again but were I ever to do so I'd turn to Irwin Mitchell without second thought.”
*Not real name used.
Back to Client Stories
