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Shoosmiths settled a case for a woman left with spinal damage, restricted mobility and reduced bladder function.
Our client initially went to her GP complaining of pain in her thoracic spine. After a few months, she returned to her GP and explained that her symptoms had progressed, and she was experiencing issues with the function of her bladder and bowel. The GP planned for an ESR blood test to be carried out, but it never took place due to a failure to refer on behalf of the GP. If the ESR test had taken place, a diagnosis could have been made earlier.
Our client persisted with attendances to her GP as the pain and symptoms continued. Following a further appointment with her GP a week or so later, she underwent an X-ray which suggested symptoms of discitis. The GP then referred our client for a MRI scan and an urgent appointment with a rheumatologist.
Later that month, our client was taken to hospital as she had deteriorated neurologically and showed signs of spinal cord compressions with weakness in her lower limbs, constipation and urinary incontinence. It took 5 days for our client to be transferred to a specialist spinal team at a different hospital. During this 5-day period our client’s lower limb function further deteriorated.
A neurological assessment was undertaken by the spinal team who then urgently transferred our client to a spinal surgical team for surgical decompression of the spinal cord and spinal fixation. Our client’s lower limb function was much worse following the surgery and a second surgical procedure had to be carried out to remove a post-operative haematoma.
Our client also had to start anti TB therapy following diagnosis of mycobacterium and then started a long period of rehabilitation.
As a result of the delay in diagnosis and substandard treatment, our client is now only able to walk short distances assisted by a rollator and requires a wheelchair for longer distances. She also suffers from reduced bladder function which causes urgency with urination.
Our client and her family sought legal advice and instructed Sharon Banga, a senior associate solicitor in the medical negligence team at Shoosmiths, to pursue a claim against the Hospital and GP for the delay in diagnosis and treatment of spinal TB.
In order to evidence the claim, Shoosmiths needed to be able to prove that her GP and hospital had breached their duty of care and that this breach caused her to suffer worse symptoms. Shoosmiths gathered expert evidence which commented on the treatment our client received and the time it took for her to be transferred to a specialist spinal unit.
The hospital admitted liability in relation to the lack of timeliness of the MRI scan and delay in transfer to the specialist spinal unit. It was admitted that the MRI scan should have been undertaken sooner and the transfer, which took 5 days, should have taken place within 24 – 48 hours.
It was also admitted that if our client has been transferred earlier, she would have received better treatment to decompress her spine, which would have significantly improved her bladder and bowel dysfunction.
Shoosmiths settled this claim against both the GP and hospital six weeks before the trial was set to take place and secured a six-figure settlement sum for the client.
Sharon Banga comments:
‘It was a relief for our client and her family to see a successful conclusion to this case. The client has also commented on the positive impact of achieving justice and securing the funds to set up a rehabilitation package. Being able to ensure that her care, and other needs, are provided for via the compensation received, has given her much needed reassurance for her future’.