Anne Brundell
The client, Ms L, visited her GP, experiencing back and neck pain, along with pins and needles in her fingers and arms. The GP diagnosed muscle spasm, referred her for an MRI scan and prescribed diazepam and analgesia.
Approximately one month later she collapsed at home and was taken to A&E. She was given a cursory examination by a doctor and discharged home with analgesia. An ambulance was called two days later and took her back to the hospital. She was in significant pain, vomiting and incontinent of urine and required morphine and Entonox. A nurse and a doctor examined her, and a chest x-ray was taken. She was discharged home again with analgesia.
Her symptoms did not improve and, believing she was suffering from muscle spasm, she returned to the GP who had diagnosed it. He chased the MRI results. This resulted in Ms L going back to the hospital for further investigations.
She was diagnosed with an abscess in the cervical spine, and she required extensive surgery to stabilise the spine. Following surgery, she developed a kyphosis (excessive forward rounding of the upper back), and, despite treatment, she suffered spinal cord compression.
She had to be rehabilitated to walk as she was unable to do so following her surgery. She has been left with ongoing difficulties with mobility and daily living activities, including needing assistance to walk, having to be hoisted out of bed and requiring a carer, as well as psychological problems.
Ms L approached Graysons to seek redress for the poor treatment she had received from the hospital and the severe difficulties it had left her with. A claim was made on the basis that prompt treatment would have avoided the complications and problems which Ms L suffered altogether.
This was a very complex case needing specialist legal advice and representation that Graysons was able to provide.
Hospital accepted breach of duty of care but denied causation
Following extensive investigations, Graysons pursued a claim against the hospital trust. The trust accepted breach of duty of care but denied causation (the reason or cause of the injury or loss) maintaining that Ms L would have suffered complications in any event. Accordingly, legal proceedings were commenced by Graysons on Ms L’s behalf.
Graysons instructed several experts to provide evidence in the case, including in the fields of spinal surgery, neurology, microbiology, psychiatry, pain management, physiotherapy, accommodation and care.
Ms L agreed to try alternative dispute resolution (ADR) to settle the case, but a first joint settlement meeting (JSM) proved unsuccessful as the defendant’s offer was too low and Ms L was due to undergo further scans, which could have revealed additional damage. A second JSM was arranged for 25 March 2025, with the trial due to start on 29 April 2025 should settlement not be agreed.
Anne, a highly experienced negotiator, successfully resolved the case at the second joint settlement meeting, securing a settlement amount exceeding £1 million.
Ms L was delighted with the outcome and the expert and empathetic representation and support she had from Graysons throughout the claim.
If you feel that you have suffered due to the negligence of a medical professional and you wish to discuss your case to see if you might be able to claim compensation, contact our medical negligence experts now. We will assess your case free of charge and advise on the potential of success. You can also find out more on our web pages.
Author: Anne Brundell, medical negligence solicitor.
