Four figured compensation secured following six month delay in spinal surgery

Four Figure Compensation Secured Following Delay In Spinal Surgery

Irwin Mitchell's specialist medical negligence team has assisted a man to obtain compensation after a six month delay in spinal surgery caused him unnecessary pain and suffering.

In the summer of 2007, our client Mr Kay sustained a spinal injury in an accident. Unknown to him, the injury was far more severe than simple back pain, and it was not until the following day, when he went to accident and emergency, that an x-ray revealed a fractured vertebra.

Mr Kay was advised to rest for a few days, aided by painkillers, and to keep his back as straight as possible. This was followed up in a later appointment where Mr Kay was assured that the fracture was healing successfully, before being quickly referred to Amersham Hospital for physiotherapy.

Our client dutifully attended the prescribed sessions, but as they came to an end Mr Kay alerted his doctor to the fact that the pain had extended, rather than decreased, throughout these classes. No longer confined to his back, Mr Kay was experiencing pain which radiated down his left leg, and occasionally into his right.

After being instructed that this was due to simple wear and tear which had been aggravated by the accident, it was concluded that he suffered from ‘stenosis of the spine’. Our client was told that he would now be referred for an operation to treat this, replacing the prolapsed discs and rectifying any trapped nerves.

Across this period, Mr Kay’s back and leg pain deteriorated to the extent that he was forced to take time off work in order to cope. Having waited a period of time to receive his operation date, Mr Kay chose to contact the Buckingham Healthcare NHS Trust, in order to find out what was happening.

Our client was shocked to discover that his notes had gone astray, meaning that he was not included on the waiting list for surgery. Mr Kay explained how the deterioration in his back was preventing him from engaging with life, and he was duly added to the waiting list. However, despite the fault lying with the hospital, who had mislaid his files, Mr Kay was placed at the end of the waiting list and endured six months of worsening pain before he underwent the surgery which would help him.

Irwin Mitchell strove to secure £9,000 compensation for the unnecessary and painful wait that Mr Kay suffered, prior to having surgery.

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