Significant settlement for teenager who underwent negligent spinal surgery

Our medical negligence team has secured a significant settlement for Rachel*, who sustained life-changing injuries following spinal surgery to correct her scoliosis.

What happened to Rachel?

Rachel had idiopathic scoliosis of the spine and had a pre-existing learning disability at the time of her injury.

Aged 12, she had corrective spinal surgery at the Spire Southampton Hospital in November 2013.

After the operation, the medical professionals failed to identify a neurological deficit. This medical negligence left Rachel with catastrophic spinal injuries, including tetraparesis involving motor and sensory function.

How has this impacted Rachel’s life?

Rachel is now dependent on a wheelchair because of her tetraparesis. She’ll need lifelong physiotherapy, occupational therapy, chiropody, and rehabilitation.

Rachel also needs assistance with personal hygiene. She’ll also need special adaptations to her house to help her with day-to-day life.

How did Irwin Mitchell help Rachel?

Rachel brought her claim to us through her litigation friend. She worked with Rebecca Cherry and Loveness Chihoyi, part of our medical negligence team.

We started by examining Rachel’s medical records to understand what happened to her. We also used independent medical experts to review the care Rachel received and identify any negligent treatment.

It was found that there was a negligent delay in identifying a neurological deficit. The deficit was clear almost immediately and should’ve been spotted by the nursing team and brought to the attention of the surgeons. Instead, the epidural wasn’t stopped and her neurological dysfunction continued. 

We took Rachel’s claim to the Trust, who contested the liability. After being presented with our evidence, the Trust admitted to 75% liability.

For the negligent treatment and injuries caused, Rachel received a lump sum of seven-figures alongside annual periodical payments. This'll be used to help Rachel pay for adaptations to her home and her lifelong care needs.

Expert opinion

On Rachel’s claim, Rebecca said: “This was a hard-fought case, but the devotion of Rachel’s family to her rehabilitation and to pursue this case was clear throughout.  I am so pleased we have been able to secure this outcome for Rachel.”

*Client’s name has been changed.