‘Sarah’, 37

Sarah was listed for urgent spinal surgery but the delay in her receiving surgery left her with cauda equina syndrome.

Mark Havenhand, partner in JMW’s clinical negligence team, was able to secure a settlement of £340,000 for Sarah. Read Sarah’s story:

Symptoms and diagnosis

Sarah attended A&E with debilitating pain and difficulty moving, with pain radiating down her left leg and also sensory loss over the top of her thighs.

The hospital correctly noted that cauda equina syndrome needed to be excluded. An emergency MRI scan was performed which showed a large disc prolapse at L4/5 with the spinal canal being severely compressed. It was noted that urgent neurosurgical opinion was required.

Whilst it was acknowledged that spinal surgery was entirely the correct treatment the hospital delayed her surgery by one day, during which time she suffered a further deterioration, leaving her with permanent symptoms that could have been avoided.

Due to the delay Sarah is now left with neuropathic pain and some sensory loss in her leg which has impaired her mobility.

JMW’s investigation

Sarah was aware that her surgery should have been acted upon urgently and was concerned the delay was a result of negligence.

Mark Havenhand took on the case and was able to establish that whilst she was correctly scanned and listed for surgery, her case should have taken priority over elective, planned operations which did not have the same degree of urgency.

It was put to the hospital that in any event, there was ample time to include Sarah on that day’s list, given it was a short operation list and there was no good reason to delay her treatment. The hospital trust denied liability throughout, saying the surgeon’s decision to delay was not negligent.

A settlement of £340,000 was negotiated for Sarah a month before trial. As she is left with impaired mobility and unable to walk long distances as a result of the delay in surgery, the settlement will assist her by purchasing, aids, care and equipment to help her adjust to moving around more comfortably.