The client was diagnosed with cervical compression and had to undergo surgery to decompress parts of his spine. After his operation, he complained of pins and needles and a lack of active movement in his arms, however no investigatory action was undertaken and the client was discharged from hospital.
At a follow-up appointment there was some confusion around and conflicting information given regarding the operation. A second opinion recommended a scan which found the presence of the condition, Myloemalcia, at the same locations in the client’s spine. This meant there had been inadequate decompression which had resulted in further instability to his spine. The client had sadly suffered irreparable damage to one particular section of the spinal cord which forced him to use a wheelchair.
Anthony Collins Solicitors’ clinical negligence experts were instructed to pursue a claim against the NHS Hospital Trust and this complex spinal surgery case was supported by specialist medical expertise dealing with both orthopaedic and neuro-surgical issues. The conflicting information provided to the client meant the team had to decipher the medical records very carefully, in line with the factual evidence that was collected on his behalf.
Following strenuous denials, ultimately there was an admission that damage at one specific part of the spine was negligent and that there had been a failure to decompress appropriately. The remaining injuries were denied. The operation note had allegedly been lost by the Hospital Trust which made it difficult to piece the jigsaw of conflicting information together. Following final negotiations, a satisfactory settlement was reached from the perspective of the client, enabling him to better control his future and ongoing physical symptoms.
“I can only suggest that if there are no notes there must be pressure put on to the NHS to keep better notes. This case was handled by Sarah Huntbach who did the best she could without full information of the surgical operation. Thank you.” Client S
For help with a potential clinical negligence claim, please contact Sarah Huntbach on sarah.huntbach@anthonycollins.com or 0121 214 3579.
Residents are now unable to make applications to prohibit landlords from seeking to recover the cost of legal proceedings through the service charge on behalf of other residents, without consent.
Natalie Barbosa summarises some of the legal challenges facing fundraisers in the charity sector.
We hosted a breakfast roundtable with Insider Midlands magazine that had attendees from a range of organisations addressing housing needs in the Midlands. The discussion explored JVs in more detail.
The decision of the Court of Appeal in The Harpur Trust v Brazel & Unison has made clear that employers can no longer legally calculate part-time holiday based on 12.07% of hours worked over a year.
Social landlords are seeing a rising number of Equality Act defences to possession proceedings. A recent Court of Appeal decision helps shift the likelihood of such defences succeeding.
On 31 July, the consultation period ended on MHCLG’s proposals for reforming the building safety regulatory system set out in the 'Building a Safer Future' document. We have submitted our response.
For decades now, fewer and fewer services provided by local authorities have been delivered directly by them. However, over the last couple of years, there are signs that this tide is changing.
The Government commissioned an independent review of the Modern Slavery Act 2015 in July 2018. The outcome was published in May 2019 which highlighted areas for improvement.
In 2017, the NCVO commissioned a review of the tax reliefs available to charities. The brainchild of this review was published on 17 July 2019 in the form of the Charity Tax Commission report.
In 2014, the Charity Commission released its first guidance for charities on reporting serious incidents. The Commission has recently updated this guidance.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.