Advising with empathy and experience

Award for unnecessary surgeries.


John Coulson of the CNCI team at Harrowells has recently concluded a claim on behalf of a woman who was subjected to unnecessary and inappropriate procedures after being referred to a Consultant at the Spire Hospital in Leeds following a diagnosis of shoulder pain.  The Claimant, who suffers from Ehlers-Danlos syndrome which can give rise to hypermobile and painful joints which are prone to dislocation, was seen by the specialist who arranged and performed an arthrogram, a right EUA arthroscopy with decompression, a further arthrogram and then sub-acromial decompression. 

Concerns in relation to the course of treatment were initially raised by the Spire Hospital who subsequently commissioned an independent report which was extremely critical of the treating clinician, Mr Michael Walsh.  The independent expert found that procedures performed were unnecessary and were bound to be ineffective.  Fortunately, although the procedures were not of any benefit to the Claimant they did not adversely impact her underlying condition and caused only minimal longer term injuries in the form of a small scars on her shoulder. 

The Claimant, whose underlying condition has necessitated careful management and investigation over the years, was understandably upset to learn that the procedures were inappropriate and could have no potential benefit to her. She experienced heightened anxiety in medical settings as a consequence of these events.  Nevertheless, the Claimant has recovered well from the procedures that were performed and continues to cooperate with the other clinicians responsible for her care.  The Claimant accepted an award of £20,000.00 in settlement of her claim against arising from the unnecessary and inappropriate treatment programme conducted by Mr Walsh.