Full admission of liability secured in eight figure claim for medical negligence

Background to our client’s claim

Our client was fit and healthy until November 2016 when she experienced sudden and severe neck pain. She attended A&E complaining of an ongoing headache, together with chronic and severe back and neck pain, and persistent vomiting. An MRI scan showed that she had a suspected Arterio-Venous Malformation, which is an abnormal tangle of blood vessels that can occur in the neck and spine. She was referred to a neurosurgeon for
further investigation.

The neurosurgeon advised her that an angiogram would need to be performed to check her blood vessels. Following the angiogram, she was diagnosed with an Arteriovenous Fistula (AVF). An AVF is an abnormal connection between an artery and a vein in the brain which can have catastrophic consequences including paralysis and stroke.

Our client was told to come back to the hospital in a few weeks once her case was considered at a Neurovascular Multi-Disciplinary Meeting. She did so, and she was
presented with two treatment options, one surgical and one radiological. She was informed that surgery would offer a permanent solution whereas the radiological procedure could fail. She was informed that surgery carried a very small risk of paralysis, but our client was assured that this was very rare, and the surgery was standard and straight forward. On the basis that the surgical option appeared to be the Neurosurgeon’s preferred option and would be a permanent solution, our client chose to proceed with the surgical option. She was not advised of the risks or benefits of the radiological and less invasive option.

Our client attended a pre-admission assessment in May 2017, but she was not asked to complete a consent form. Further, the risks and benefits of the two treatment options were not discussed with her. She attended a second pre-admission assessment in June 2017, where a pre-op checklist marked that a consent form had not been completed.

Our client had surgery mid-June 2017. She was given a consent form to sign on the morning of the surgery when she was waiting and already prepared and ready for surgery. The risks and benefits of surgery and the alternative radiological procedure had still not been discussed with our client and were not discussed with our client that morning either.

Sadly, during the surgery, our client suffered a spinal stroke. She was transferred to a spinal unit and was diagnosed as quadriplegic with loss of respiratory effort. At the beginning of July 2017 our client was given a tracheostomy.

Our client has been left with a C5 ASIA A spinal cord injury.

Our Support

Our client instructed spinal injury specialist solicitors, Aspire Law, to pursue her claim. We instructed top medico-legal experts to review her medical records and provide reports to establish negligence on this case.

As a result of instructing the top experts, Aspire Law have been able to obtain a full admission of liability for our client without starting formal litigation. In this case, the Defendant admitted that our client was not properly informed of the treatment options, including the risks and benefits of surgery in comparison to radiological treatment. The Defendant admitted that it was a failure to advise our client that the risk of spinal stroke was lower than it actually was, and they admitted that it was a failure on their behalf to obtain consent on the morning of surgery. They admitted that our client should instead, have had time to consider her treatment options and ask questions before the day of surgery. Finally, it was also admitted that if our client had surgery on another day, she would have avoided her injury.

Continuing Work

Aspire Law are swiftly moving onto quantum investigations to get the highest damages for our client which will no doubt greatly assist with her rehabilitation, ensure her care and support needs are fully met, and enable our client to move into more suitable accommodation .

Rabia Ibrahim says “It has been such a pleasure to secure such a great outcome for such a deserving client. The damages recovered will make a huge difference to her rehabilitation, her future and her independence and most importantly it will mean that she will be able to move a new home which has been suitably adapted to her needs. She will be able to socialise with and enjoy having her friends and family in her home again”