£1.95 million for medical negligence in spinal cord injury case

Background

In 2010, our client suffered with debilitating pain in his neck which limited his movement. Overtime, his symptoms got worse and in addition to worsening pain, he developed cramping in his legs, hips, shoulders, and arms. Our client continuously sought support from his GP between 2010-2014 but was only provided painkillers.

By mid-December 2014, our client was struggling to walk. Our client’s wife called 111 and he was told to attend A&E. He was taken to the hospital by ambulance. He was seen by an out of hours GP, given more painkillers and sent home. The next day, our client’s pain became unbearable, and he had a telephone appointment with his GP, who prescribed more painkillers.

A week later, our client went to the GP as he was unable to raise his arm. He was given painkillers again. Our client had multiple GP appointments in the new year, including a home visit where there was no physical examination, despite his inability to stand up or raise his arms. Our client was also taken to and discharged from A&E three more times with no examination or investigation of his condition. Our client could not eat by himself or get up to go to the toilet.

Eventually, in January 2015, our client had an MRI scan which revealed a spinal fracture due to a Tuberculosis (TB) infection. He was also told there had been a ‘terrible mistake’ in not diagnosing his condition earlier. Therefore, our client needed an emergency operation to decompress his cervical
spine.

As a result of the delay to diagnose the TB infection, our client’s C4 and C5 vertebrae collapsed, which impacted his vertebrae between C2-C7. Since the injury, our client’s spinal cord injury has been graded as C5 grade D tetraparesis. Our client’s mobility is limited to a few steps between transfers and his day to day activities have been significantly reduced, as he is no longer able to leave his house without support.

Our Support

Our client instructed spinal injury specialist solicitors, Aspire Law, to pursue his claim. We instructed top medico-legal experts to review his medical records and provide reports. Throughout the litigation process, we successfully obtained multiple interim payments for our client, which financially supported his recovery.

Aspire Law pursued our client’s claim against both the GP and Hospital on the basis that they failed to adequately examine our client and diagnose our client’s spinal TB. Liability was defended by both Defendants but we were swift in obtaining supportive expert medical evidence and securing an admission of liability from our client’s GP who could no longer deny liability. The GP admitted that they failed to perform a neurological examination when our client attended his appointment. Had
they done so, the findings from that examination would have mandated a referral to A&E where our client would have had earlier emergency decompression surgery. If our client had undergone earlier surgery, he would have achieved a better outcome. The Second Defendant continued to deny any negligence on their part, but we were able to agree a 60%/40% split of liability in our client’s favour.

Outcome

Our client was represented by Rabia Ibrahim of Aspire Law who instructed Leading Counsel, Nigel Ley Spencer. Rabia and Nigel were successful in their negotiations, which provided our client with a settlement of £1.95 million (after the 40% deduction due to the liability agreement). The settlement also enabled our client to avoid the stress of a Trial and provided him with his damages at an earlier time.

Since Aspire Law secured this settlement for our client, he and his family have been able to purchase a new house, suitable for our client’s needs. Aspire Law wishes all the very best to our client and his family and are very happy to have provided him with the settlement that he deserved.

It was a pleasure to work alongside such a patient and positive client and family. This was a complicated case arising from a delay to diagnose spinal TB resulting in spinal fracture and cervical cord compression.  Our client’s injury was life changing.  It reduced his mobility and his ability to perform normal activities of day to day living that we often take for granted.  So, it was a pleasure to secure a successful outcome for a client who really needed the support and funds to regain his
independence.  Since the successful conclusion of his claim, he has been able to move into accommodation which has been adapted for his needs and he and his family are working together towards a better future. 

– Rabia Ibrahim, Medical Negligence Solicitor at Aspire Law