Settlement for delayed diagnosis of spinal abscess
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Case Study

Liability admitted plus settlement for delayed diagnosis of spinal abscess at Wexham Park Hospital

A hand holding a pen points towards a series of black and white spinal MRI scans displayed on a screen, showing detailed images of the spine and surrounding tissues.

Helen Thompson secured liability and a £300,000 settlement on behalf of a woman who suffered neurological injury due to delayed diagnosis and treatment of a spinal abscess.

Mrs J developed a sudden and unexplained very severe neck pain, with shooting pains into her head and neck muscle spasm. She contacted NHS 111 and a paramedic sent to assess her gave her gas and air and tried to manipulate her neck but the pain was too severe.

The following day, Mrs J contacted her GP. The GP did not review her face to face but made a diagnosis of muscle spasm and prescribed strong painkillers but these did not help.

The following day, 9 days after the onset of neck pain, Mrs J started to experience difficulties swallowing. Her GP advised her by phone that she should attend A&E. There it was noted that her blood results showed a very high CRP of 253 and high white cell count – both markers for infection. Despite complaining of excruciating neck pain and being unable to move her neck, no consideration was given to a problem with the neck. Mrs J was prescribed Codeine and oral antibiotics and sent home.

The following day, Mrs J started to lose feeling in her right arm with reduced movement. She again contacted her GP but no action was taken. Later that day, Mrs J saw a private physiotherapist who was extremely concerned about the neck pain, reduced neck movement, weakness of the arm and swelling on the left side of Mrs J's neck. The physiotherapist tried to contact Mrs J's GP to discuss her concerns but was unable to get through.

The next day, 11 days after the onset of neck pain, Mrs J was barely able to lift her right arm, she was nauseous and the vision in her left eye was blurry with a 'halo' effect. Mrs J contacted her physiotherapist who again tried to contact the GP to no avail. The physiotherapist advised Mrs J to return to A&E and called A&E to try and speak to a doctor on her behalf but was told that the hospital would not take referrals from physiotherapists, only doctors. The physiotherapist drafted a letter outlining her concerns for Mrs J to take to A&E.

When Mrs J arrived at A&E she provided the letter from the physiotherapist, but no notice was taken of this by the doctors. She was assessed but remained in a bay overnight. Blood tests were taken which showed a CRP of 353 and significantly raised markers for infection. Despite this, she was sent home.

Two days later, the function in Mrs J's right arm deteriorated further. The physiotherapist again telephoned Mrs J's GP and managed to speak to them and explain her concerns. The GP immediately referred Mrs J to hospital.

Mrs J was again seen in A&E, now 14 days after the onset of neck pain. She was assessed by the medical team and a neurological problem was queried. Mrs J was admitted to hospital and various tests undertaken but no scan of her neck was performed.

Around 48 hours after admission to hospital, an MRI scan showed a large abscess compressing her cervical spinal cord. She was urgently transferred by ambulance to Oxford Radcliffe Hospital and was immediately taken for surgery. Post operatively, Mrs J was transferred to Intensive Care and remained in hospital for one month.

Due to the delay in diagnosis and treatment of the abscess, Mrs J's neurological condition in her arms and legs had deteriorated and she had a worse outcome. Through her own determination and intensive rehabilitation, she managed to learn to walk again and recover a reasonably good level of functioning. However, she has been left with nerve pain in her right arm and hand, impaired fine motor function in her right hand, bowel and bladder problems, balance issues and she is restricted in her daily activities of living and her work capacity.

The defendant Trust made an early admission of liability in the claim and shortly afterwards settlement was negotiated.

Upon conclusion of her case Mrs J said; “Helen and her team provided fantastic support to me during a very difficult time.  She explained everything in a clear and understandable way, detailing the options open to me and the likely results.  She did everything she could to make it as painless as possible and secured a very acceptable settlement.  I would strongly recommend Fieldfisher and Helen, in particular, to anyone who has the misfortune to suffer from a medical negligence case.”  

Contact us

For further information about delayed diagnosis claims and medical negligence claims, please call Helen Thompson on 0330 460 6765 or email helen.thompson@fieldfisher.com.

All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee. Find out more about no win no fee claims.