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.
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
Following the launch of the CQC’s new strategy for how it regulates health and social care, many providers will be keen to know more about how the changes might affect them in the future.
EPC’s are not required to be served with a Section 21 notice for assured shorthold tenancies if the tenancy predates October 2015.
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