We pursued an orthopaedic negligence claim for Lara after
her surgeon caused permanent damage during spinal fusion
surgery. Previous solicitors had said that Lara's claim would be
unsuccessful so she asked us for a second opinion. We settled the
claim for almost £600,000.
In July 1995, Lara, then aged 31,
sustained a three column dislocation of her cervical
spine following a fall, whilst on a bouncy castle at a neighbour’s
party.
Lara was initially taken to Basildon
Hospital and later to the Essex Spine Centre under the care of Mr
Gardner, a consultant orthopaedic surgeon. Although Mr Gardner
recognised the fracture was unstable, he directed the removal of
traction and the application of a plastic collar.
A few days later three nurses were
moving Lara when her neck dislocated again. Mr Gardner advised
spinal fusion surgery was necessary. At this time, Lara had full
use of her limbs, but was suffering from tingling in her upper
limbs.
Mr Gardner did not obtain an MRI scan of the
cervical spine before the spinal fusion surgery. Lara
was transferred to the operating table and positioned with
just a plastic collar on. Her neck was not in traction during
the operation.
Mr Gardner adopted a posterior approach to the
surgery, partially reducing the dislocation before passing wires
through C5 and C6 of the spinal process. He tightened the
wires before reducing the dislocation.
In the recovery ward, Lara couldn't move her
legs. She was returned to theatre where the wound was reopened and
the wires removed. Post operatively, a significant degree of
neurological deficit persisted.
Lara was subsequently transferred to the
Spinal Injuries Unit at the Royal National Orthopaedic Hospital in
Stanmore for rehabilitation.
Lara was left with permanent neurological
deficit involving the loss of fine movement in her hands, pain in
her upper limbs and neck, muscle spasm, poor balance and reduced
sensation in all her limbs. These injuries were attributable
to the spinal cord damage sustained during the surgery rather than
the initial dislocation.
Lara's claim was initially conducted by other
solicitors who issued proceedings in July 1998. Those solicitors
advised her not to continue.
She then approached us for a second
opinion. After speedy investigations we advised that there was
a case on the following grounds:
- a lack of spinal traction whilst Lara was at
the Spine Centre
- a failure to undertake an MRI scan
pre-operatively, which would have revealed the presence of an
anterior disc prolapse, which would have caused Mr Gardner to adopt
an anterior, rather than a posterior surgical technique. This
would have led to a full recovery with no neurological
deficit.
Mr Gardner and the hospital were the defendants in
the spinal negligence claim. The defendants strongly
denied liability up until exchange of expert evidence. Soon
after this, the defendants made an admission of negligence.
Valuation of the claim was complicated as
Lara has been in the early stages of a career as a commodities
broker. Her employers had dismissed her following her
injuries. Lara had also started a family and had two
children since the accident.
The claim settled shortly before trial for
£550,000 plus payment by the defendant of Social Security benefits
of over £26,000. The claim was funded by legal expenses insurance.
For further information or if you have
a orthopaedic negligence
claim call Paul McNeil on
020 7861 4019 or email paul.mcneil@ffw.com
You can discuss your orthopaedic negligence claim with any member of
our medical negligence
team on freephone 0800 358
3848, email personalinjury@ffw.com or
complete our
short enquiry form.