Switalskis medical negligence team have secured a full admission of liability from University Hospitals Sussex NHS Foundation Trust after failures to diagnose serious shoulder injuries left a man requiring shoulder replacement surgery on both sides.

The claim arose after our client attended Worthing Hospital following seizures. Despite experiencing severe pain and an immediate loss of movement in both shoulders, his injuries were not identified before he was discharged.

The Trust, which also includes the Royal Sussex County Hospital, St Richard’s Hospital, Princess Royal Hospital, Royal Alexandra Children’s Hospital, Sussex Eye Hospital and Southlands Hospital, has now admitted that the delay in diagnosing his injuries amounted to medical negligence.

This case highlights the devastating consequences of a delayed diagnosis. Posterior shoulder dislocations are uncommon, but early recognition and treatment are essential. If these injuries are missed, patients can suffer permanent joint damage, chronic pain, reduced function and, in some cases, require complex reconstructive surgery.

A delayed diagnosis with life-changing consequences

Our client was admitted to Worthing Hospital after suffering seizures. At the time, he was also managing longstanding severe back pain for which medication had been prescribed.

Before his admission, he had worked as a self-employed architectural technician and enjoyed an active lifestyle, regularly cycling and swimming.

Following the seizures, he immediately experienced severe pain in both shoulders and was unable to move his arms properly. Despite these clear symptoms, investigations failed to identify that he had sustained bilateral posterior shoulder dislocations.

After four days in hospital, he was discharged without the injuries being diagnosed.

Over the following five to six weeks, his condition continued to deteriorate. Everyday activities such as dressing, washing, brushing his teeth and preparing food became extremely difficult because of the pain and loss of movement in both shoulders.

When he returned to Worthing Hospital in April 2023, further investigations confirmed he had bilateral posterior glenohumeral dislocations with associated reverse Hill-Sachs lesions.

By this stage, the delay had significantly affected the treatment options available.

Why does a delayed diagnosis of a shoulder dislocation matter?

Posterior shoulder dislocations are rare and can be difficult to identify, particularly following seizures or trauma. However, early diagnosis is essential to give patients the best chance of recovery.

Where treatment is delayed, patients may experience:

• permanent damage to the shoulder joint
• chronic pain
• reduced mobility and strength
• arthritis
• the need for shoulder replacement surgery
• long-term disability affecting work and daily life.

The impact of delayed orthopaedic treatment

Following the diagnosis, the orthopaedic team at Worthing Hospital attempted to relocate both shoulders. Unfortunately, because more than five weeks had passed, the injuries had developed into complex chronic dislocations and the procedure was unsuccessful.

Our client later underwent staged shoulder replacement surgery, receiving a right shoulder hemiarthroplasty (partial shoulder replacement) in August 2023 followed by a left shoulder hemiarthroplasty in January 2024.

Although the surgery has improved some of his symptoms, he continues to experience ongoing pain, weakness and restricted movement, particularly in his right shoulder.

The consequences extend far beyond the physical injury.

Tasks that many people take for granted, including dressing, washing, driving, lifting, household chores, DIY and gardening, remain difficult. He has also been unable to return to the cycling and swimming he previously enjoyed.

His future employment is also uncertain. Before the injury, he worked as a self-employed architectural technician, a role involving site visits, climbing ladders, taking measurements and computer-based design work. His ongoing shoulder restrictions, together with his pre-existing back condition, continue to affect his ability to return to work.

Trust admits liability

University Hospitals Sussex NHS Foundation Trust, which manages Worthing Hospital, has now admitted liability in full for the failings in our client's care.

Compensation is intended to provide financial security and ensure our client can access the treatment, rehabilitation and support he needs following his injuries. This may include funding for ongoing physiotherapy and specialist rehabilitation, further surgery if required, care and assistance, adaptations to support daily living, and compensation for lost earnings, pension losses and any future reduction in earning capacity.

Our medical negligence team is now working with independent medical experts to assess the full value of the claim, taking into account:

• the long-term impact of the shoulder injuries and resulting disability
• future treatment, rehabilitation and therapy needs, including ongoing physiotherapy
• the likelihood of further surgery and associated recovery
• care, support and assistance requirements
• past and future loss of earnings, pension losses and reduced earning capacity
• the impact on our client's independence, quality of life and ability to carry out everyday activities.

Supporting people affected by orthopaedic negligence

Orthopaedic negligence occurs when injuries affecting bones, joints, muscles or tendons are not diagnosed or treated to an appropriate standard.

A delayed diagnosis can mean avoidable pain, more invasive treatment and permanent loss of function. In some cases, patients may require surgery that could have been avoided if their injury had been identified sooner. The impact can include long-term pain, reduced independence and a significant effect on quality of life.

At Switalskis, our specialist medical negligence solicitors support people across Sussex and throughout England and Wales who have experienced avoidable harm because of failures in medical care.

We understand that making a claim is about far more than financial compensation. It is about obtaining answers, accessing rehabilitation, replacing lost income where appropriate and helping people rebuild their lives with confidence as they move forward following avoidable injury.

Chris Gresswell-Green comments

Chris Gresswell-Green , Director and Solicitor at Switalskis, said:

“This is a significant admission for our client and an important development in the claim. We welcome the Trust’s admission of liability, which allows the case to move forward to assessing the full consequences of the delayed diagnosis.

“Our focus now is on securing compensation that properly reflects the impact on his independence, ability to work, daily life, and future medical and rehabilitation needs.

“Delayed diagnosis cases involving upper limb injuries can have life-changing consequences. We are committed to supporting our client throughout the remainder of the claim and securing an outcome that recognises both the challenges he has already faced and the support he may need in the future.”

How Switalskis can help

If you have experienced avoidable harm following a delayed diagnosis of a shoulder injury, fracture or another orthopaedic condition, our specialist medical negligence solicitors can advise whether you may be able to make a claim.

We have extensive experience supporting people affected by delayed diagnosis, helping them secure compensation that funds rehabilitation, treatment, care and financial security for the future.