Negligent advice about spinal surgery leads to our client suffering serious complications.
The Injury
EB now suffers from Cauda Equina Syndrome with severe ongoing pain in her low back, buttocks and right leg.
She has right leg weakness, urinary and bowel difficulties, sexual dysfunction and moderately severe chronic depression. She struggles to mobilise and cannot stand long periods of time.
She has been unable to return to her role as a carer, a job she enjoyed and hoped to progress into management. She has to self-catheterise and had a spinal cord stimulator fitted to reduce her leg pain.
She relies on the assistance of family members for routine activities of daily living and has lost a lot of her social life.
To read more about how MDS can help you with a Cauda Equina Syndrome claim, click here.
Represented by Sarah Grogan, a Specialist Medical Negligence Solicitor at MDS, the case was settled during a meeting with the Defendant after liability had been denied in full”. Sarah said - “Spinal surgery carries significant risks and potential lifelong consequences, and medical professionals have a legal duty to ensure that patients fully understand the risks and benefits before making a decision about whether to proceed. Sadly, this case demonstrates what can happen when informed consent is not obtained. It has been a long and very difficult journey for EB who endured life-changing injuries as a result of the negligent advice she received regarding the likely success of spinal injury. It is therefore very pleasing that after many years of contested litigation it was possible to secure a substantial award of compensation that will provide her with the care, support and financial security she needs for the future.”
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Are you concerned about a delay in diagnosis of Cauda Equina Syndrome or the advice that you have been given about spinal surgery?
Contact MDS today for specialist advice.
What Happened to Our Client?
EB, a care worker, had a long history of low back and pain.
In 2016 following a worsening of her back pain, which was extending to her buttocks and affecting her sleep, she was advised to undergo nerve root injections for her pain.
The benefits were short lived, and she was referred to a Consultant Neurosurgeon who initially advised that surgery was unlikely to help her. Following an increase in symptoms in her lower back, buttocks and legs in September 2016, she had an MRI scan. It showed that she had a bulging disc that was touching the nerve roots but was not compressing them. She was referred back to the Neurosurgeon who told her that she had excellent prospects of relieving most of the pain if she had surgery on her spine.
C had spinal surgery (a L5/S1 interlaminar decompression) shortly afterwards. After the surgery, she had complications and a slipped (prolapsed) disc, which made her symptoms significantly worse. She had revision surgery around 2 weeks after the original procedure, and then more surgery 2 days later.
As the result of the procedures and complications, she has been left with significant ongoing disabling symptoms.
Concerned about a delay in diagnosing Cauda Equina Syndrome?
How can MDS help you?
While no amount of compensation will ever be enough for your or a family member’s suffering, if you or a loved one has been affected by healthcare negligence, we can help you through the legal process for investigating your concerns against a healthcare professional and your negligence claim if there is one.
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The Outcome of the Case
EB believed that something must have gone wrong with the initial surgery and instructed MDS to investigate the standard of surgical care she received.
After extensive thorough investigations with expert neurosurgeons, we were able to show that whilst the complications EB unfortunately suffered were a recognised risk of the surgery she had, she had been given negligent advice prior to the first operation when she was advised that surgery would alleviate the majority of her pain.
Careful analysis of her history showed that she had never had any pain below the knee which would be expected if she was suffering from pain due to nerve compression. Further her response to the nerve root injections was also not typical of nerve root compression.
Our expert evidence said that the neurosurgeon should have informed EB that surgery would likely help the leg pain, but not the back or buttock pain.
By not distinguishing between the leg pain, which was not of great concern to EB, and not informing her that surgery would likely not relieve the back and buttock pain, which were EB’s main concern, the surgeon failed to obtain her informed consent to the first operation.
Our evidence confirmed that had EB been advised that the operation would not have resulted in an improvement in her low back and buttock pain, she would not have agreed to have the surgery and so she would have avoided the complications and the need for two further surgeries, which left her in a significantly worse condition than she was prior to her operation.
This was a complex case, which required a lot of evidence from different disciplines of expert. Allegations were made against the Defendant, the hospital trust that was responsible for the Consultant Neurosurgeon who advised EB about the first operation. The allegations were denied in full, but the Defendant made an offer to settle the claim shortly afterwards.
We obtained further evidence to allow us to assess the value of EB’s claim and were able to negotiate a significant settlement for EB, which will enable her to obtain the treatment, therapies and care that she requires now and in the future.
If you or a family member has been diagnosed with Cauda Equina Syndrome, you can get support from the following charities:
- Cauda Equina Champions Charity - Championing Cauda Equina Syndrome – The UK’s Only CES Charity - Cauda Equina Champions Charity
MDS is proud to be a Trusted Partner of the Cauda Equina Champions Charity and is a member of the charity’s Expert Legal Panel.
Disclaimer
Whilst our case studies are designed to give an indication of the outcomes that can be achieved in these circumstances, the compensation awarded in individual cases can vary significantly due to a range of factors, including the severity of injury, effects on life expectancy and financial impact, for example. For more information, contact us today.
Our Approach
We will support you, guide you and be your voice throughout.
If you are concerned about the medical treatment that you or a loved one has received, please contact us and one of our specialist team will assist you.
