‘Michelle’, 36

JMW helped Michelle secure a £300,000 settlement following a four day delay in her undergoing an MRI scan when she attended hospital with red flag symptoms of cauda equina syndrome. Read Michelle's story below:

Delay in MRI scan

Michelle had a history of sciatica and had undergone previous decompression surgery for a L5/S1 disc prolapse when she was 17 years old.

18 years later, she developed severe low back pain with altered bladder and bowel function. She had also lost sensation in her genital area which meant she could not tell when she needed to go to the toilet and had experienced an episode of incontinence.

She attended A&E and was told that she needed to be admitted for an urgent MRI scan to rule out cauda equina syndrome. However, Michelle had to wait for four days to undergo the MRI scan, during which her symptoms progressed.

The MRI scan showed a large disc prolapse at L5/S1 and Michelle was told she needed emergency decompression surgery. After being transferred by ambulance to the neurosurgeons, Michelle underwent surgery that day.

However, Michelle continued to experience neuropathic symptoms following the surgery and has been told these symptoms are now permanent.

JMW’s investigation

Katie Nolan, senior associate, found that there was a failure to ensure that Michelle underwent an emergency same day MRI scan of her lumbar spine which was mandatory given that it was documented that she had red flag symptoms and signs of cauda equina syndrome.

As a result of the negligent four day delay in her undergoing an MRI scan, Michelle’s diagnosis of cauda equina syndrome and surgery were significantly delayed.

With reasonable treatment, Michelle would have undergone emergency surgical decompression and she would have had a significantly better outcome. Her bladder and bowel dysfunction, the loss of sensation in her genitals and the weakness in her legs would have been avoided.

Settlement

The hospital admitted that had a same day MRI scan been performed, this would have shown the same large disc prolapse and Michelle would have undergone emergency surgery.

Michelle had numerous pre-existing health issues and associated care requirements which were unrelated to her cauda equina syndrome. Therefore these had to be taken into consideration when assessing the valuation of the claim. Katie was able to secure £300,000 which will allow Michelle to purchase the mobility aids and equipment and rehabilitation therapy that she requires.