‘Terry’, 61

Terry developed symptomatic cervical myelopathy. The hospital failed to adequately assess and advise him of the symptoms to look out for, such that his condition drastically deteriorated requiring immediate spinal surgery.

Steven Brown, a Partner in JMW’s Clinical Negligence team, was able to secure a £950,000 settlement for Terry, which will help with his future care and needs.

Symptoms and diagnosis

Terry began to suffer from concerning symptoms including loss of balance, pins and needles in his arms and weakness in his legs. He presented to a Walk-in Centre and was incorrectly diagnosed with vertigo.

His symptoms worsened, so he attended A&E at his local hospital. He remained as an in-patient for several days whilst a scan and tests were carried out to ascertain the cause of the symptoms. The hospital diagnosed him with cervical myelopathy, a compression of the spinal cord leading to neurological symptoms and a loss of function.

Worsening symptoms after being discharged

Terry was discharged, and later a follow-up appointment was made for him to see a specialist. However, he had been discharged without the hospital conducting a further neurological assessment, despite his worsening condition. He was also not informed of the risk of deterioration associated with this condition, and there was a failure to advise him that he should present to hospital urgently if his symptoms continued to get worse.

Following his discharge, Terry attended an appointment with the GP due to concerns regarding his ongoing symptoms and his unknown diagnosis. Thereafter, he attended the follow-up appointment with the hospital where it was noted that his condition had got significantly worse. He was experiencing significant numbness, weakness and spasms in his limbs, significant difficulties with mobilising. He was advised to have surgery which was pencilled in for early December.

Long-term damage

However, the following day Terry attended the A&E department due to a worsening of his condition, and he underwent spinal surgery two days later.

Despite surgery being performed, Terry continues to suffer from reduced limb sensation, pain, reduced mobility, and bladder, bowel and sexual dysfunction

JMW’s investigation and settlement secured

Terry contacted JMW as he felt concerned about the treatment he had received from the hospital. The case was taken on by Steven Brown, a Partner in JMW’s Clinical Negligence Team.

After discussing the case with Terry and reviewing his medical records, expert evidence was obtained which was critical of the care Terry received. Proceedings were issued, and during later negotiations with the Defendants, a £950,000 settlement for Terry was agreed.

This settlement will help Terry to move to a suitable property which will suit his mobility needs as well as access the ongoing therapy he needs to adapt to his new way of life following the medical negligence.