THE TYPE OF CASE WE DO

£105,000 FOLLOWING 7 MONTH DELAY IN DIAGNOSIS OF SPINAL FRACTURE

MCGOLDRICK V GLOUCESTERSHIRE HOSPITALS NHS TRUST (2010)

FACTS

Stuart fell from his mountain bike fracturing his spine at level L1.

Although Stuart underwent x ray at A&E his fracture was missed.

Seven months later his fracture was diagnosed.

Stuart required invasive surgery to alter the angle of his spine.

BREACH OF DUTY

It was Stuart's case that his spinal x rays were misreported.

CAUSATION

It was Stuart's case that had his fracture been diagnosed he would have been treated with a back brace leading to full recovery.  

However due to the failure to treat him with a back brace his spine fused at an angle causing ongoing problems leading to a requirement for osteotomy.

OUTCOME

The NHS Trust accepted liability.  Damages were agreed at £105,000.