THE TYPE OF CASE WE DO

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SPINAL FUSION; CHRONIC BACK PAIN; REVISION OPERATIONS

C V AINTREE HOSPITALS NHS TRUST (2005)

£55,000 for failed lumbar fusion.

Aged 27 Miss C underwent L5/S1 spinal fusion after conservative treatment failed to alleviate symptoms of chronic lower back pain, right buttock and thigh pain. Miss C continued to suffer chronic back pain after the fusion and was told by her surgeon that fusion had been achieved and no further treatment could be provided.

18 months later Miss C obtained a second opinion and was told that her fusion had failed. Miss C subsequently underwent re-fusion surgery which substantially improved her back pain.

BREACH OF DUTY

It was C's case that her surgeon should have realised that the fusion operation had not been a success and advise C that she could have a re-fusion procedure.

CAUSATION

It was C's case that had she been informed further treatment might help she would have undergone re-fusion at least two years earlier. She would have avoided two years of chronic back pain during which she was unable to work.

OUTCOME

The case was settled without trial for £50,000