From shoulder pain to paralysis after spinal abscess incorrectly managed
Suzanne Farg secured a £3.25million settlement for her client David who suffered a serious spinal injury after treatment delays at London North West University Healthcare NHS Trust.
David, a father of five in his sixties, felt intense pain in his shoulder and initially thought it was from reaching to catch his granddaughter as she fell from a trampoline. A few days later David collapsed and was rushed to Northwick Park Hospital after his GP called an ambulance.
He had a CT scan, which ruled out that he had experienced a stroke. However, his condition worsened overnight. He had difficulty breathing, swelling in his neck and shoulder, and changes in the sensation in his limbs. He was admitted to ICU and put into an induced coma. He remained there for several days as medics tried to determine the cause of his illness.
It was eventually decided that David needed an MRI scan. As the hospital did not have the capacity to scan patients who required ventilation, David was transferred to the National Hospital for Neurology and Neurosurgery at Queens Square. The day after he arrived at that hospital, an MRI scan revealed that he had a very large abscess caused by an infection in his spine and he was taken for emergency surgery.
Unfortunately, by that time, David had suffered severe permanent injury to his spine due to the abscess, which means he now has very little movement from the chest downwards. The movement in his arms is also impaired and he is doubly incontinent.
David, who lives in a four-bedroom house with his wife, two of his adult children and a grandson, requires around the clock care. The home is not suited to David's additional needs. Despite adaptations to turn a small downstairs dining room into a bedroom for David, the space is cluttered and impractical. Hoists are needed to transfer him from his bed and he uses an electric wheelchair to move around. David finds the loss of dignity of being immobile and incontinent extremely upsetting. He says he feels lucky to have such a loving and supportive family who play a vital role in his care.
David instructed Fieldfisher in a medical negligence claim against the Trust. Following a detailed investigation of the events surrounding David's treatment, a Letter of Claim was sent to the Trust which subsequently admitted a breach of duty in its failure to consider sending David for an MRI scan on the night he was first admitted Northwick Park Hospital. Although the Trust admitted a failure in the care provided, it fought back on the issue of causation and argued that, even if the MRI scan and surgery had been done earlier, the permanent spinal injury would have been very similar to the level of disability which David actually suffered, after the surgery was eventually carried out.
Fieldfisher continued to gather evidence and press the Trust on this issue. A detailed process was carried out to quantify the compensation which David required to meet his complex needs. Court proceedings were issued. A settlement agreement was reached with the Trust a few months before the Trial was due to take place, securing damages of £3.25million for David.
Following the settlement, David says he feels extremely relieved that he no longer has to worry about the future. The settlement will be life changing for David and will allow him to live as comfortably as possible at home with his family.
Thanking Suzanne and the team for their work, David said: "I feel so lucky to have had such brilliant solicitors who went above and beyond through it all. I have dyslexia and some other learning difficulties and they were so understanding, going over everything three or four times to make sure I understood it all. They went beyond the call of duty for me and my whole family and I consider them friends. I am so lucky to have found Fieldfisher, they are the best out there no doubt."
Contact us
For further information about delayed diagnosis claims and clinical negligence claims, please call Suzanne Farg on 03304606819 or email suzanne.farg@fieldfisher.com.
Alternatively
- You can speak to our medical negligence lawyers on freephone 0800 358 3848
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