Compensation recovered following adverse outcome to spinal surgery

Jonathan Herbert, specialist clinical negligence lawyer, acting for the claimant recovered damages to compensate him for pain and suffering and financial losses following an injury caused by negligent spinal surgery.

J was aged 35 when a metal cage was inserted into his spine at Hurstwood Hospital. The implant was too small and there were concerns regarding preparation of the spine prior to implant insertion rendering it insecure. A CT Scan performed 7 weeks after surgery revealed that during the previous 4 weeks the implant had moved putting pressure on the L4 nerve root. The movement of the implant was noted but it was not removed as soon as it should have been. J was in more pain than he had been before surgery.

We were instructed to bring a claim for compensation and did so on a no win no fee basis.

Advice was taken from an expert spinal surgeon. He advised that the implant used was the smallest available and not suitable for man of J’s size and stature. Advice was subsequently taken from experts in neurophysiology and pain management. It emerged that had revision surgery been performed earlier, J would have experienced reduced symptoms thereafter. He suffered greater pain and reduced mobility for 6 to 7 years.

A letter of claim was sent but the defendant denied liability. Accordingly, court proceedings were issued seeking damages. The defendant continued to defend the claim. Further advice was taken from a radiologist.

Following discussions between the parties’ experts reporting on liability, settlement negotiations took place but settlement was not reached. However, Jonathan remained of the view that settlement was possible and persevered with negotiations. Soon after, the case settled.

This case study demonstrates the expertise of our Clinical Negligence team to handle cases involving situations when a patient considers that they suffered injury as a consequence of poorly performed surgery.

Jonathan Herbert is a specialist medical negligence lawyer. If you would like to ask him a question about a potential case, or if you have a general query about any personal injury, contact him at Thomson Snell & Passmore solicitors on 01892 701226 in confidence.

Thomson Snell & Passmore has one of the largest and most experienced specialist medical negligence teams in Southern England including London. Our team of experienced lawyers has expertise essential in this sensitive and often complex area of law. Our clinical negligence team is ranked Number 1 in both the Legal 500 and Chambers and Partners UK and we offer no win no fee agreements on the vast majority of our clinical negligence and personal injury cases.