THE TYPE OF CASE WE DO

Aged 46 W underwent L5 discectomy for chronic back pain.

During the surgery the L5 nerve root suffered a tearing injury leading to permanent severe neuralgic pain in the left thigh, leg, and foot. W required gabapentin and amitriptyline for pain management and had great difficulty in managing activities of daily living and work.

It was W's case that the nerve injury was caused by poor operative technique in that the surgeon choice of equipment to achieve discectomy was wrong in W's case. In particular that the surgeon should have used up cut punctures rather than lexsell rongeurs which would have allowed him to visualise the area and so avoid damaging the nerve. 

It was W's case that but for his nerve injury his spinal operation would have been a success and he would have returned to work and normal daily activity successfully.

Breach of duty was denied. The claim was settled without trial with a compensation payment of £150,000.