‘Micheal’, 33

Micheal, a previously active individual, suffered from persistent lower back and leg pain following a gym injury. Despite seeking medical advice and undergoing various treatments, his symptoms worsened. This led to significant mobility issues and profoundly impacted his daily life and wellbeing.

Katie Nolan, senior associate in JMW’s clinical negligence team, took on Micheal’s case and secured a settlement of £1.5 million to help him adapt to living with cauda equina syndrome

Surgery and continued pain

Micheal complained of pain in his lower back and leg and had attended several physiotherapy sessions, but the pain was still not improving.

He underwent lumbar fusion and discectomy surgery, which was complicated by a dural tear that was repaired during the procedure. However, crucial neurological checks were not performed or documented while he was in hospital after the operation. When Micheal reported new saddle numbness to the nurse, his concerns were not promptly escalated.

Over the following days, his condition deteriorated. An MRI scan revealed cauda equina compression and an urgent clinical review was recommended.

Decompression surgery was performed, however this was too late, and the damage had already been done, leaving Micheal with bladder, bowel, and sexual dysfunction, as well as ongoing pain and psychological distress.

JMW’s investigation

Micheal contacted JMW as he felt he had received substandard surgical treatment and was now left with permanent injuries that affect his quality of life.

Katie Nolan took on the case and established that the Trust failed in several aspects.

Given Michael’s age and the nature of his symptoms, consideration should have been given to less invasive surgery at the outset, which would likely have been successful in addressing his original symptoms. However, this was not discussed with Micheal.

Furthermore, there was a failure to carry out appropriate neurological observations post-operatively which, if done, would have led to an earlier MRI scan and earlier decompression surgery and Micheal would have had a much better outcome.

Settlement secured

Katie was able to secure £1.5million for Micheal which will go towards helping him to adapt to his new circumstances including ongoing therapies, care and assistance and equipment.

The costs of private fertility treatment was also claimed given Micheal, and his wife had planned to start a family but his cauda equina syndrome had caused permanent sexual dysfunction.