A woman who was left with mobility issues after nerves were damaged during spinal surgery has been awarded £115,000 in compensation.
A screw intended to be positioned in the spine was misplaced, mistakenly driven into soft tissues and then became detached from the screwdriver. During this process, or as a result of endeavouring to retrieve the errant screw, the surgeon damaged the L2 and L3 nerve roots.
The claimant, a woman in her 70s, sought the help of expert medical lawyer Matthew Brown, a director of Medical Solicitors, to bring a medical negligence claim against the private hospital where she had her NHS treatment.
Case summary
The claimant ‘C’ had a long history of back pain and had taken early retirement in 2003 aged 56 due to the pain. By 2017, the pain had become debilitating and she was referred to a spinal neurosurgeon.
She was told that spinal fusion surgery was her only option, and was eager to proceed.
In November 2017, C underwent the fusion procedure at a private hospital in Yorkshire. To stabilise the spine, pedicle screw fixation was required in the lumbar region. However, one screw was misplaced, mistakenly driven into soft tissues and then became detached from the screwdriver.
During this process, or whilst endeavouring to retrieve the screw, which required muscle detachment and retraction of nerves, the surgeon damaged the L2 and L3 nerve roots. The screw was retrieved and then put into the correct place and position.
After surgery, C was told about a complication during surgery (but not exactly what happened) and that she may have some spinal nerve damage, but they wouldn’t know the full extent until a later date.
She wasn’t given any warning or information about moving about. When she went to stand from her bed on the ward, her left leg gave way and she fell to the floor. C had weakness in her quads and reduced mobility and physical functioning.
She remained in hospital for five days before being discharged in a wheelchair. She had to be carried into her home and needed help getting around the house and with household activities.
She developed a limp, poor gait and would potentially have premature wear of her left hip, requiring a future hip replacement.
Due to her reduced mobility, C needed to swap her car from manual to automatic transmission, and also had home adaptations including a downstairs toilet and shower room.
She also developed persistent depressive disorder and chronic low mood as a result of her loss of mobility and dependence on others.
Litigation
In the Letter of Claim, C alleged that there were errors with the pedicle screw placement and that the screw had become disarticulated from the screwdriver.
Radiological images taken during the surgery, that would likely have established the positioning and location of the screw, were never disclosed by the Defendant.
In the Letter of Response, the Defendant denied liability on the basis that screw misplacement was a known complication of spinal fusion surgery. However, after commencement of court proceedings, and prior to formally defending the claim, the Defendant made an offer of £50,000 compensation.
Matthew negotiated an increase to £115,000 which C accepted in August 2021.
The settlement included £40,000 general damages for her pain and suffering, £46,000 for past financial losses and £29,000 for future financial losses.
