Surgeon’s mistakes leave man with spinal injury cauda equina syndrome - £1.2 million in compensation

“Derek”, 50

When Derek experienced a severe onset of back pain, together with pain down one leg, and found was having to rush to the toilet due to bowel and bladder urgency, an MRI scan revealed that one of his spinal discs at the base of his spine was protruding onto the nerves. Derek was correctly referred for surgery, however the incompetence of the surgeon meant the operation was a failure and did nothing to treat Derek. Derek was left with permanent cauda equina syndrome. JMW partner Steven Brown, who specialises in cauda equina cases, was able to put in place the support Derek needed after securing £1.2 million in compensation for him.

What went wrong?

Derek had suffered back problems in the past but was looking to the future and had just begun to run his own business when his negligent care occurred. His ordeal began when he tried to lift a heavy item whilst working and found that afterwards he had significant pain in his lower back and left leg. As Derek’s pain progressed in severity, he decided to make a GP appointment as he was worried that he had suffered a sipped disc and wanted to have an MRI scan to check for this.

The GP referred Derek to a neurosurgeon and at the same time for a non-urgent MRI scan. A few weeks after the scan was carried out, Derek received a call from the neurosurgeon’s team at the hospital to say that the scan showed that the nerves from his spinal cord were being compromised but that it was nothing to be too concerned about and he would be put on the waiting list for routine surgery. Derek was struggling to cope with his pain at this point but had no option but to continue to wait.

Whilst visiting family Derek had to lie on the floor as it was too painful for him to sit. He also started to experience numbness in his left foot and an aching sensation across his groin. One morning during the trip, Derek woke early and needed to use the toilet. However, when he tried to stand up, he couldn’t and was crying due to the pain. Derek called his wife and told her he needed to go to hospital.

Derek’s wife drove him to hospital and once there they faced a long wait in the A&E department to be seen. When Derek eventually saw a doctor, a physical examination was carried out and he was admitted to hospital. Derek had an MRI scan whilst in hospital.

In total Derek spent a week at the hospital and his excruciating pain continued for all that time. He urged doctors to operate on him but was told they did not have the facilities to do so at the hospital, and in any event, his MRI scan did not reveal anything to suggest he needed surgery. Derek was discharged with crutches and pain relief in exactly the same state as when he had been admitted.

Once back at home Derek and his wife tried to obtain an earlier appointment with the neurosurgeon, he was on the waiting list with, but to no avail. After continually hitting brick walls in their attempt to get Derek treated, the couple called an ambulance. However, the A&E doctor Derek saw said that he should wait for the appointment with the neurosurgeon and sent him home.

Appointment with neurosurgeon

When the appointment with the neurosurgeon eventually took place Derek was relieved to be told that he could have surgery and an appointment would be made for him. However, days after this news, Derek deteriorated, and after attending his GP, was told to go straight to A&E. Due to being unable to walk, Derek entered the hospital building in a wheelchair. The following day, Derek underwent surgery.

When Derek awoke from his operation, he was concerned to find he had wet himself and from this point on, could not tell whether he needed to urinate or not. Furthermore, Derek’s numbness had spread to both legs, both feet, and across his saddle area. Doctors planned further surgery for two days later.

However, the second surgery also not a success and Derek was left with nerve pain, numbness and pins and needles in his legs.. The leg symptoms left Derek with reduced leg strength and mobility. Derek also discovered that he did not have normal bowel function and that he uses laxatives.. In addition, Derek’s sexual function was affected, and he now struggles to maintain an erection.

JMW’s investigation

Derek and his wife were very upset about the outcome of the surgery and felt strongly that his permanent symptoms were preventable. They contacted JMW for advice and Derek’s case was taken on by specialist solicitor Steven Brown, who launched an investigation. After analysing Derek’s medical records and consulting with leading independent medical experts, Steven’s investigations found there had been several failures during the surgery carried out on Derek following his final emergency admission. The operation had been performed very poorly and had failed to relieve the pressure that was on Derek’s cauda equina nerves due to a herniated disc. As soon as this had become apparent due to Derek’s symptoms after the surgery, he should have undergone revision surgery straight away and failing to do so caused even more damage to his cauda equina nerves.

Using this evidence, Steven was able to build a strong case for medical negligence against the hospital responsible for the surgeon and enter into negotiations over how much compensation Derek would require to help him to cope with his disabilities.

Cauda equina compensation awarded

Due to Derek’s pain, poor mobility and leg strength, combined with the fatigue he was left with, and his bowel dysfunction, he was no longer able to work as much as he could previously and he sought compensation for his loss of earnings. Experts instructed by Steven also recommended different therapies and equipment that could make Derek’s daily struggles more manageable, so compensation was requested for these.

In total, the compensation Steven recovered for Derek amounted to £1.2 million, which has made an immeasurable difference to him and his family. Nothing could do the damage done, but with Steven’s help, Derek was able to move forward with his life and achieve the support and financial security her needed.

Steven Brown, a partner at JMW specialising in cauda equina syndrome cases, said: