The claimant, a 55-year-old man, received £550,000 for a failure immediately to diagnose and treat his large disc prolapse in August 2006. He alleged that as a result he developed cauda equina syndrome.
Claimant: Male: 50 years old at date of accident; 55 years old at date of settlement.
Clinical Negligence: On August 8, 2006, the claimant (C) was admitted to a hospital of the defendant trust (D) where he was assessed and it was noted that he was suffering from pain radiating down his legs, decreased urine stream and a numbness in his left foot and calf. The following day he was reviewed and a CT scan was carried out. The scan was incorrectly reported as showing no definite evidence of disc prolapsed. On August 10, he complained of numbness and incontinence of urine. He reported having no feeling in his bladder or penis and no saddle sensation. The following day decompression surgery was performed but by that date C had developed cauda equina syndrome.
C sustained injury and brought an action against D alleging that it was negligent in (i) failing to ensure that the CT scan was reviewed and correctly interpreted; (ii) failing to diagnose a large disc prolapse which required surgical decompression; (iii) failing to proceed to surgical decompression of the disc prolapse on the evening of August 9 or the following morning. C alleged that if he had received a reasonable standard of care that surgery would have been performed in a timely manner and he would not have suffered a permanent injury to his cauda equina.
Liability admitted in part. D admitted that there had been a breach of duty but it disputed causation.
Injuries: C suffered from cauda equina syndrome.
Effects: C experienced pain in his left leg, bladder incontinence, faecal incontinence, foot drop, loss of saddle sensation and sexual dysfunction. He initially reduced his working hours but, due to the extent of his injuries, he later stopped working. His bowel and bladder impairment meant that he was restricted in his social activities and he was reluctant to go out with friends.
Prognosis: C's condition and its symptoms were permanent. He required physiotherapy which could be undertaken within a home gym rather than in public, given his bowel and bladder issues. That was to continue for the remainder of his life. Occupational therapy input was recommended at 20 sessions to be used flexibly.
Out of Court Settlement: £550,000 total damages Background to damages: The case was settled on a global basis with no particular breakdown of damages. However, the following breakdown was estimated by the claimant's solicitors:
Breakdown of General Damages: Pain, suffering and loss of amenity: ?100,000.
Breakdown of Special Damages: Miscellaneous past and future costs comprising past travel costs, past loss of earnings, past care costs, past equipment costs, past accommodation adaptation costs, future care costs, future equipment costs, future occupational therapy costs, future physiotherapy costs, future accommodation adaptation costs, future pain management costs and private medical treatment costs: ?450,000.
Matthew Phillips instructed by Henmans LLP (Oxford) for the claimant. Nicola Greaney instructed by Hill Dickinson LLP for the defendant.
LTLPI 7/10/2011
This Quantum Report was provided courtesy of Susan Booker of Henmans LLP (http://www.henmans.co.uk/), solicitor for the claimant.
Document No. AM0201841 Reproduced by kind permission of Lawtel (www.lawtel.com).