THE TYPE OF CASE WE DO

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Spinal surgery, extradural haematoma, severe nerve damage

£400,000 following delay in recognising post operative haematoma leading to severe nerve damage

R v Dr D, Dr S and North Staffordshire Hospital NHS Trust (2002)

FACTS

Aged 64 Mr R underwent spinal decompression and stabilisation.

During the week after operation Mr R's neurological condition deteriorated.

A week after the operation Mr R's wound was explored and extradural haematoma evacuated.

Mr R suffered nerve damage such that he could only walk with crutches and mostly mobilised by wheelchair.

BREACH OF DUTY

It was Mr R's case that the treating doctors should have acted on his signs of progressive neurological deterioration shortly after his first operation.

CAUSATION

It was Mr R's case that earlier exploration and evacuation of his extradural haematoma would have avoided his nerve damage and he would have made a full recovery from surgery.

OUTCOME

The defendants accepted they should have explored the wound sooner and compensation was agreed without trial at £400,000.