Our client sustained a fracture of the humeral neck with partial impaction of the humeral head in November 2021. At the fracture clinic, she was referred directly for physiotherapy and was not advised of the alternative surgical options that should have been discussed. Over the following months, she experienced no improvement. The fracture healed in malunion, early arthritis developed, and a scan in August 2022 revealed a supraspinatus tear, muscle atrophy, avascular necrosis and a significant articular step in the humeral head. She was subsequently advised that she required a shoulder replacement.

The claim alleged that the hospital failed to offer or explain reasonable treatment options for her injury, including internal fixation surgery or a primary reverse shoulder replacement. Had she been adequately informed, she would have elected immediate reverse shoulder replacement surgery, avoiding nearly four years of unnecessary pain, stiffness, circulation issues in the right arm, and substantial functional limitation. Liability was admitted.

As a result of the negligence, our client required assistance with daily living, developed secondary arthritis and avascular necrosis, and will now undergo shoulder replacement surgery with a materially poorer long-term outcome. She faces an additional period of recovery and ongoing functional restrictions for at least six months after surgery.

A successful settlement was achieved, ensuring recognition of the prolonged avoidable suffering and the impact of the delayed surgery.