We pursued an orthopaedic
negligence claim for Matthew for back surgery performed at
The Royal National Orthopaedic Hospital in January 1997. The
hospital denied liability and the case went to trial. Matthew won
and was awarded more than £100,000 compensation.
Matthew had suffered from sciatic pain on his left leg caused by
a left disc protrusion. He was admitted for surgery to
remove the bulging disc.
The operation notes record the difficulty in identifying the
correct level. Following the surgery Matthew complained of severe
pain, tingling and an inability to flex his left foot.
In addition, Matthew had difficulty in urinating. The symptoms
failed to improve and Matthew had constant pain and great
difficulty in walking.
Paul McNeil was instructed to pursue
an orthopaedic negligence
claim on Matthew's behalf. On the basis of expert
medical evidence we alleged that the operation was unnecessary (as
Matthew had been leading a normal life), that the surgeon had
operated at the wrong level and that his neurological deficit was
due to a post-operative haematoma.
Liability was strenuously denied by the hospital and the action
was fixed for trial for January 2002.
The case was heard over a period of six days and judgment was
given in Matthew's favour. He was awarded more than £108,000
damages.
The Judge found that the surgeon had failed to detect by his own
pre-operative MRI scan that Matthew's problem lay at the L5 nerve
root level. During the operation the surgeon “took no proper steps
to decompress the L5 nerve, leaving it alone when he ought to have
performed a hemifacetomy to relieve compression or remove the disc
material”. As a result of the operation, Matthew was left worse
off.
For further information or if you have an orthopaedic negligence claim,
call Paul McNeil on 020 7861
4019 or email paul.mcneil@ffw.com
You can discuss your surgery 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.