David’s story: Career put at risk after delayed surgery following motorbike accident

Our client David – a father who travels the world for his job – has settled his medical negligence claim against the defendant hospital trust that refused to operate on his fractured collarbone.

Timeline of events

In 2019, David fractured his collarbone when his motorbike skidded on gravel from the rain. An X-ray at the defendant hospital confirmed the injury but instead of urgent treatment, he was given a sling and told to wait for an appointment with the fracture clinic.

Desperate to return to work and with his livelihood hanging in the balance, he repeatedly requested surgery, but his urgent pleas were ignored and no action was taken. His condition worsened; his shoulder became misshapen, and he could hardly move his arm due to increasing pain and limited mobility.

At a fracture clinic appointment more than six weeks after the injury, the consultant dismissed David, suggesting it would heal on its own. At a physiotherapy session, he was told surgery was the only way to improve his condition.

Two months later, David sought a second opinion from a private surgeon and surgery was recommended. By the time he had surgery nine months after the injury, the damage was far worse than expected, requiring a bone graft.

How we helped Natalie’s medical negligence case

David approached us for help after struggling with the devastating impact of the missed tear. We secured an out-of-court settlement and apology from the defendant trust.

He said: “It’s been a frustrating and painful journey. I feel so angry that all I suffered could have been avoided had the orthopaedic team operated within two weeks of my injury. I had some horrible thoughts at one point through 2019. I was in such an awful hole. It devastates me to think that the boys could have lost their father through something that was totally avoidable.”

A note from Maryam Abdullah

“The trust failed to ensure David was seen in the fracture clinic within the recommended 72-hour timeframe, with an unacceptable delay of six weeks. Furthermore, they did not act within the critical two-week window as outlined in medical guidelines.

“Had the proper timeline been followed, David’s surgery would have been a straightforward procedure, without the need for a bone graft. As a result, he would have made a full recovery and returned to work within three months. Unfortunately, due to the delay, he missed several significant work events, and was forced to endure ongoing pain while working in the months that followed.

“The delay in treatment, coupled with inadequate care and dismissive responses from medical staff, led to unnecessary suffering, a prolonged recovery and significant financial loss. This case underscores the critical importance of timely medical intervention, particularly when patients’ health and livelihoods are at stake.”