Joanne, 57

 Jodie Miller, a specialist medical negligence solicitor at JMW, has helped a woman claim £825,000 in compensation after she was given negligent care following spinal surgery, causing her to develop cauda equina syndrome (CES). 

Decompression Surgery

Joanne had a long history of back problems. This was managed by her GP, chiropractor, physiotherapist and a private consultant orthopaedic spinal surgeon.

Following an appointment with her spinal surgeon, treatment options for the pain she was in were discussed, which included to leave things alone, an epidural injection or surgery. He explained that surgery carried a 75 per cent chance of excellent improvement and a 20 per cent  chance of good improvement in Joanne’s symptoms.

A few days later, Joanne contacted her consultant to confirm she wanted to go ahead with the epidural. 

Unfortunately, the epidural did not help with the pain and so Joanne was referred back to her consultant. Following a meeting with him she decided to go ahead with surgery, as he had suggested that this would improve her pain. 

Joanne underwent micro-decompression surgery a couple of months later as planned. 

Aftercare errors 

Following surgery, whilst recovering on the ward, Joanne tried to stand up to go to the toilet, but she felt dizzy and had to lie down. It was at this point that

Joanne realised that she was experiencing areas of numbness and lack of feeling in both buttocks, in her pubic, genital and saddle areas, down the back of her left leg, ankle and in three of her toes. Joanne tried to pass urine in the bed pan but could not. The nurses were advised and a catheter was inserted, which Joanne could not feel. 

Joanne was told she had suffered a cerebrospinal fluid leak in surgery which had been repaired. 

She was seen by her consultant who seemed concerned and said he had never experienced such complications with any of his patients. He did not tell her what the problem was. 

During Joanne’s time in hospital, she continued to have symptoms of cauda equina compression. Despite this, Joanne was discharged from hospital around a week following her operation.

Readmission to hospital 

Joanne re-attended the hospital a few days after her discharge due to worsening headaches. She was also still suffering from the numbness in the lower half of her body. 

She was assessed by her consultant who told her that her symptoms would likely settle in time with bed rest and re-catheterisation. No further surgical procedure was undertaken.

Joanne’s symptoms were consistent with compression of her cauda equina nerves at the base of her spine and she required urgent surgery in order to prevent her from developing permanent CES.  

However, due to the failure of the consultant to recognise the signs and take action, irreversible damage was caused and she was left with this lifelong condition.

She now had to cope with many distressing and debilitating issues including bladder and bowel incontinence, pain in both legs, loss of sexual sensation, numbness in both legs, which is worse on the right, mobility issues due to leg weakness and footdrop and severe fatigue. 

JMW’s Investigation

Joanne required help to challenge the mistakes that had been made and to cope with the many consequences of having CES. She was put in touch with the CES specialists at JMW, who have been representing the victim with similar errors for many years.

Joanne’s case was taken on by specialist medical negligence solicitor Jodie Miller, who conducted a thorough investigation by analysing Joanne’s medical records and gathering evidence from leading independent experts in the treatment of CES.  

The Successful Claim 

Jodie built a strong case against the consultant, who admitted that the care provided following Joanne’s decompression surgery fell below a reasonable standard. They confirmed that an MRI scan should have been carried out promptly, followed by surgery to decompress the cauda equina nerves. They further admitted that with the appropriate care her bowel and bladder issues and pain would have been avoided. 

The claim was ultimately settled following further negotiations and Joanne received £825,000 in compensation to help her to cope with her injuries.