£292,000 Compensation for Back Pain Treatment Errors

Author:
Julie Dudson
Partner, Medical Negligence Solicitor
Date:
14/12/2020

A Medical Negligence Claim Case Study - Client Situation

Mr M went to see his GP complaining of acute back pain, and was referred for an MRI scan, which showed a disc protrusion. He was referred for spinal surgery to relieve the pain, which our client agreed to have.

However, the symptoms continued and more than a year after the original procedure, the same spinal surgeon recommended further surgery, again to relieve his pain. But following the further surgery, his condition got worse and he asked to be referred to a different orthopaedic spinal surgeon.

The new treating consultant advised Mr M that more surgery was needed, and although this helped to relieve some of his symptoms, he continued suffering ongoing back pain and had to regularly take pain relief medication.

How We Helped

Mr M was unhappy with the treatment he received and decided to take legal action against the NHS Commissioning Board. He contacted our Medical Negligence Solicitors for a free claims assessment and legal advice, and Medical Negligence Solicitor Julie Dudson agreed to take on his case and help him secure compensation.

Our case was based on the view that Mr M’s symptoms of back pain hadn’t been thoroughly investigated before the first 2 operations were carried out. Julie argued that Mr M hadn’t been properly advised of the risks and benefits of each back surgery, which meant he couldn’t give informed consent for these procedures.

Julie also believed that Mr M should have been referred for other forms of treatment, such as back pain management or physiotherapy, and that if he’d been made aware of the risks posed by the two back operations and the chances of them being successful, then he wouldn’t have agreed to them.

Mr M would also probably have suffered the same level of back pain if he hadn’t undergone the surgery, but without suffering the increased symptoms, associated pain and the distress of having multiple operations.

The Outcome

The NHS Commissioning Board denied liability (fault), insisting that the right information was taken from Mr M and that he had given informed consent for the procedures. Since the NHS Commissioning Board didn’t admit responsibility for his condition, Court Proceedings had to be issued.

However, we managed to settle the claim at a Joint Settlement Hearing without the need to go to Court, with Mr M receiving a compensation award of more than £292,000.

For free legal advice call our Medical Negligence Solicitors

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