THE TYPE OF CASE WE DO

Aged 36 S underwent spinal surgery. He suffered post operative bleeding leading to haematoma putting pressure on his spinal nerves. An MRI scan was performed after some delay. The scan showed haemorrhage putting pressure on the cauda equine nerves. The doctors decided not to evacuate the haematoma at once but to watch and wait.

Four days after his initial back surgery S was transferred to a tertiary referral centre and underwent evacuation of his spinal haematoma and his initial lumbar decompression was revised.

S suffered from cauda equine syndrome with permanent damage to his nerves leading to mobility problems, pain, impaired continence and sexual function. He is thought unlikely to be able to return to work.

It was S's case that he should have been referred to the tertiary centre earlier and would have undergone earlier evacuation of his haematoma.

It was S's case that earlier evacuation of his haematoma would have taken place before permanent nerve damage had occurred and he would have made a good recovery from surgery. His mobility problems, pain, together with impairment of continence and sexual function would have been avoided.

Liability was admitted shortly before trial and Judgement entered.

The level of compensation was agreed at £1,350,000. Of this approximately £600,000 was for loss of earnings, £200,000 for care and assistance, £250,000 for housing, and £115,000 in respect of pain and suffering. The balance of the settlement being made up of miscellaneous areas of expense and loss.