CES Trial Success for JMW


A judge has ruled that NHS errors caused a woman to suffer a devastating and permanent spinal injury, leaving her severely debilitated. 

The woman, who is being represented by the specialist lawyers at JMW, was left with permanent cauda equina syndrome while under the care of a primary care trust and a hospital. 

A five day trial was held on her case to determine if the failures she alleged took place meant the window of opportunity to successfully treat her cauda equina syndrome was missed. 

The trial judge has now ruled in the woman’s favour, meaning she will eventually be compensated for the permanent mobility problems, chronic pain and bladder and bowel dysfunction that she has been left with.

The woman’s case is being led by JMW’s Melissa Gardner, who said she was delighted to have secured a successful outcome for the trial. However she said that it was disappointing that the two trusts responsible had not admitted the failings as this would have avoided unnecessary delays and suffering for the victim. 

She commented: “This was a significant victory for this lady and she will no longer have to worry about how she will fund the care, accommodation, equipment and aids that she requires due to the negligence she faced.

“Her life has been completely devastated by some quite appalling errors that were made and while no amount of money will ever make up for that at least the financial burden has been lifted from her.

“However this resolution could have been reached years earlier if the trusts had been prepared to accept that mistakes were made. The success of the trial is testament to JMW’s extensive specialist expertise in claims for cauda equina syndrome."

The woman’s case concerned negligence from an out of hours GP service and a hospital which operated on her. The out of hours GP service failed to advise her to go to hospital when she rang and reported symptoms of cauda equina syndrome, despite it representing a surgical emergency.

When surgery was eventually carried out by the hospital defendant this was done to such a poor standard that it failed to treat her at all and she required another operation two days later.

However by this point it was too late to prevent permanent damage and she will now never recover and will be left with disabilities for the rest of her life.

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