Sarah's claim concerned delays in the
diagnosis of a non-malignant tumour in her spine. Following the
onset of back pain and burning sensations in her feet and lower
legs, Sarah saw a rheumatologist who performed a spinal x-ray in
October 2002 revealing the presence of a spinal tumour.
Sarah's hospital failed to advise her of the x-ray results
and failed to arrange for urgent MRI scanning. There was a
delay of about 8 months before the MRI scan and referral to a
neurosurgeon were eventually made.
By the time of the delayed operation, the tumour had invaded the
nerves around the base of the spine and as a result, even after the
surgery, Sarah was left with an incomplete cauda equina syndrome
which severely limits her mobility and affects her bowel and
bladder function.
Richard Earle was instructed in place
of other solicitors who had advised against taking the case any
further.
Specialist reports were obtained in the fields of neurology,
neurosurgery and neuroradiology. These confirmed that the poor
outcome would have been avoided with earlier surgery.
Indeed, Sarah probably would not have needed a wheelchair for
mobility.
In the legal proceedings, the hospital admitted errors for the
delayed MRI scan and neurosurgical referral but contended that due
to her age, the size and spread of the tumour that such delay did
not make any difference to the outcome.
The case was listed for trial in April 2008. A few months
before the trial, Sarah accepted the defendant’s offer of
£400,000 damages together with her legal costs in settlement.
The case was initially privately funded and then conducted on a
no win no fee basis.
After the case Sarah said:
“A number of firms of solicitors that we approached told us it
was a hopeless case and refused to help. Thankfully we found
Richard Earle who was willing to “have a go”.
"We are so grateful for his dedication and perseverance which,
against the odds, brought us the settlement we felt we
deserved”.
For further information or if you have a delayed diagnosis
claim contact Richard
Earle on 020 7861 4041 or email richard.earle@ffw.com.
You can discuss your delayed diagnosis
claim with any member of our medical negligence team on freephone
0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.