NERVE DAMAGE CASE REPORT
IN THE MATTER
B E T W E E N :
BA Claimant
-v-
SM NHS TRUST Defendant
Background to the Medical Negligence Claim
In November 2000 the Claimant was referred by her GP to hospital complaining of pain in her right hip and side for a period of 4 years.
The Claimant was seen by a Consultant in January 2001 who noted that she had pain in her right hip, and was referred for physiotherapy.
The Claimant underwent physiotherapy between March 2001 and May 2001. Unfortunately, the physiotherapy was not successful and the Claimant was discharged with no improvement having been obtained.
The Claimant was seen again in clinic on the 14th May 2001 where she received an injection to the anterior superior iliac spine. She was thereafter reviewed on the 9th July 2001, when it was noted that there had been some improvement from the injection, a further injection was administered, and a review planned for 6 weeks.
On the 20th August 2001 the Claimant was seen again in clinic, and it was noted that, although she had had some relief from the injections, she was still in pain. She was therefore listed for release of her lateral cutaneous nerve. Inadvertently, this was referred to as the "left" rather than the "right" in the doctor's letter of the 23rd August 2001 to the Claimant's GP. The Claimant was admitted to hospital in May 2003. By this time, she had taken all reasonable steps to minimise any symptoms from her right side by avoiding any pressure on it. At the time of her admission, she had been symptom free for sometime.
Prior to the operation, the Claimant was consented for "release of lateral cutaneous nerve of the left side". The Claimant had no recollection of reading the specific details of the consent form. She subsequently underwent the operation, as detailed in the consent form, whereas all her symptoms had been referable to the right side.
In the post-operative period, the Claimant was forced to lie on her right side following the operation on her left, which resulted in a recurrence of her previous symptoms.
The Claimant continued to suffer pain in both her left and right thigh. In her right thigh she has had the same symptoms that existed prior to the operation in May 2003. In her left leg, she now experiences electric shocks on her outer left thigh.
The Claimant's Allegations
The Claimant alleged that the Defendant was negligent in proceeding to operate on the left rather than the right lateral cutaneous nerve. As a consequence of this, the Claimant has suffered continuing pain and discomfort, and also additional scarring. The Claimant was also reluctant to proceed with further surgery on her right side for fear of a similar outcome to what has occurred on the left.
The Defendant's Position
The Defendant contended that the Claimant had consented for the procedure to be carried out on the left. They also contended that, by the time she attended for the operation, her symptoms had transferred from her right side to her left.
A Part 36 Offer in the sum of £7,500.00 was made by the Defendant. This Offer was inclusive of the Claimant's costs. As the Claimant was unable to assess the value of the claim without medical evidence, a report was obtained from a Consultant Neurologist.
Dr. Burt concluded that if the right side lateral cutaneous nerve of the thigh had been explored in 2003 there would have been a 60% chance that her symptoms would either have been relieved, or significantly improved. If she were to undergo the same operation now the chances of relief or significant improvement reduce because of nerve damage. Physiotherapy would not bring any improvement. In relation to the continuing symptoms with her left leg, no further surgery would assist, nor could anything further be done medically. The numbness, burnt skin feeling, hypersensitivity and sharp intermittent pains would all be permanent. It was unlikely that the symptoms would worsen.
On the basis of the report provided by Dr. Burt, a Part 36 Offer was made to the Defendant's Solicitors in the sum of £17,000.00.
The Claimant's offer was rejected and the Defendant made an increased Part 36 Offer of £13,500.00. The Claimant elected to accept the offer in full and final settlement, together with payment of her reasonable legal costs.
Case Report Submitted By:-
Mr. Eddie Jones
JMW Solicitors
5/7 Byrom Street
Manchester
M3 4PF
Solicitor for the Claimant
Hill Dickinson
Pearl Assurance House
2 Derby Square
Liverpool
L2 9XL
Solicitors for the Defendant
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