Source · PHSO decision

The Royal Orthopaedic Hospital NHS Foundation Trust

Ref: P-005332 Statement Decision date: 30 April 2026 Jurisdiction: NHS in England Closed After Initial Enquiries

Miss B complained her shoulder surgery was incorrectly performed and the Trust failed to offer further care for her ongoing pain, pins and needles, and numbness.

SurgeryReferral

Outcome

AI summary
The ombudsman closed the case, finding no indication of incorrect surgery or inadequate care, stating the Trust acted in line with guidance.

The complaint

4. Miss B complains about the surgery she received from the Trust in June 2024. She says the Trust:

• incorrectly carried out her surgery in June 2024 • has not offered her further care to address her ongoing symptoms.

5. Miss B says that following her surgery she has experienced significant pain, pins and needles and numbness in her hands and arms. She has been told there is no further treatment available for her.

6. Miss B is seeking financial remedy of £3,000.

Background

7. In February 2020, Miss B underwent anterior cervical decompression fusion (ACDF) surgery (a surgical procedure to treat nerve compression in the neck) on her C6/C7 cervical vertebrae, after reporting right arm pain and neck pain. She experienced residual pain and in June 2024, she underwent further surgery on her C5/C6 vertebrae. She continued to experience pain in both arms and her neck.

8. Miss B continued to experience pain and the Trust referred her to the pain management team. She also sought a second clinical opinion, which advised she cannot have further surgery due to a risk of paralysis.

Findings

The Trust incorrectly carried out Miss B’s surgery

12. Before we decide if we should conduct a detailed investigation of a complaint, we look at whether there are signs the organisation has got something wrong. We do this by comparing what should have happened with what did happen. We have done this and have not found any indications that something has gone wrong.

13. Miss B underwent primary anterior cervical decompression surgery in June 2024. She received a preoperative assessment before the surgery and consented to the procedure. The Trust discharged her the following day.

14. NICE guidance on neck pain and cervical radiculopathy (compression or irritation of a nerve in the spine) says patients with cervical radiculopathy present for six weeks or longer should be considered for invasive procedures, including spinal surgery.

15. Our adviser said the surgery was appropriate for her condition. They said the operation notes show it the Trust performed it correctly with no obvious complications, in line with standard surgical practice. They said surgery of this type aims to prevent the patient’s condition getting worse, rather than to improve their condition.

16. We understand Miss B’s concern that the Trust carried out her surgery incorrectly. Having reviewed the evidence, we are satisfied the Trust carried out Miss B’s surgery in line with NICE guidance. We will therefore not be looking at this part of the complaint further.

The Trust did not offer Miss B further care to address her ongoing symptoms

17. The records show Miss B continued to experience pain in her arms and neck following her surgery. She attended clinic appointments in July and October 2024 and underwent MRI scans and X-rays of her spine. She received a CT scan of her spine in April 2025 and a cervical root block (a procedure to inject anaesthetic around a nerve in the neck or spine) in July 2025.

18. The Trust referred Miss B to the pain management clinic in July 2025. She requested a second clinical opinion in August, which she received in October. She told us the clinician told her there was no further treatment available for her.

19. GMC ‘Good medical practice’ says clinicians must adequately assess a patient’s condition, taking into account their symptoms and their views. It says they should refer the patient to other suitably qualified practitioners when this serves their needs.

20. Our adviser said the Trust clinicians cared and treated for Miss B appropriately following her surgery. They said they listened to her concerns, investigated her symptoms, offered a second opinion and gave pain management treatment. Following review, it determined further surgical intervention would not be appropriate. Our adviser said this was in line with GMC guidance as there were no further surgical options for Miss B.

21. We understand Miss B’s concern that the Trust did not offer her appropriate care to address her ongoing symptoms. Having reviewed the evidence, we are satisfied the Trust followed GMC guidance when it reviewed and treated her following her surgery. We will therefore not be looking at this part of the complaint further.

22. We thank Miss B for bringing her complaint to us. Our decision is not intended to detract from the pain and numbness she experiences which must be very difficult.

Our decision

1. We have carefully considered Miss B’s complaint about the care and treatment she received from the Trust in 2024. We are very sorry to hear Miss B’s experience caused her pain and distress.

2. We have seen no indication anything went wrong in the Trust’s care and treatment of Miss B. We consider the Trust carried out Miss B’s shoulder surgery and offered her further care in line with relevant guidance.

3. We hope our explanation below reassures Miss B the Trust cared for and treated her in line with guidance.

Decision details

Reference
P-005332
Decision type
Statement
Jurisdiction
NHS in England
Decision date
30 April 2026
Outcome
Closed After Initial Enquiries
Responsible body
Royal Orthopaedic Hospital NHS Foundation Trust

Complaint summary

AI
Summary
Miss B complained her shoulder surgery was incorrectly performed and the Trust failed to offer further care for her ongoing pain, pins and needles, and numbness.

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