In June 1997 Diana attended her GP complaining of backache and
right sided sciatica. She was prescribed pain killers and four
weeks later still in the same condition was referred to
hospital.
Diana was seen by the consultant on an urgent
basis. A similar history was recorded and the doctor ordered a
bone scan to “exclude malignancy”. He did not order an MRI
scan.
Diana was further reviewed on 1 October 1997 by
another doctor who did recommend an MRI scan. This
recommendation was overruled by the consultant and she was
referred for pain management.
Diana was not seen by a consultant orthopaedic
surgeon for the next two years even though she continued to
have very significant back pain and had not been given a
diagnosis.
On 7 November 2000, an MRI scan was finally
requested. This revealed that Diana had an ependymoma (a
tumour of the spine).
Diana was referred urgently to another hospital for
neurosurgery to remove the tumour. Her spinal cord was damaged
during the surgery and Diana was left with significant dysfunction.
Diana now walks with a limp and needs calipers to
walk. She has continuous pain in her right foot and leg
and finds it difficult to stand for long periods of
time.
For a time after the surgery Diana was
also incontinent of urine and required the use of a catheter
several times a day.
She was unable to enjoy her previous activities of
gardening, going on holiday by caravan or playing with her
grandchildren.
The defendants denied liability on the grounds that
it was correct not to order an MRI scan given the symptoms that
Diana suffered from at that time.
Proceedings were issued on Diana’s behalf by
Paul McNeil, who acted on a
no win no fee basis.
A few weeks before the trial, negotiations were
instigated and the case settled for £225,000, which Diana was
happy to accept.
For further information or if you have an a orthopaedic negligence claim please 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.