£900k lump sum plus £176k per year compensation after hospital's failure to diagnose and treat spinal abcess left 73 year old tetraplegic
A 73 year old woman received £900k in medical negligence compensation as a lump sum, plus payments of £176k per year thereafter following a hospital's failure to diagnose and treat a spinal abscess. As a result she became tetraplegic, was incontinent, relied on the use of a wheelchair and had to live in a care home.
In November 2003 she was admitted to hospital to have a total hip replacement operation. However, in March 2004 she started to develop pain in her hip and went back to hospital to have an x-ray. After the x-ray she was told that the pain was due to fluid build-up. She was sent home but the pain continued and eventually she was no longer able to weight bear.
On 21 August 2004 she was admitted back to hospital by ambulance. By 23 August she was also suffering from neck pain. The following day her right arm started to feel weak. A scan was done and she was found to have MRSA. She told the medical staff that she was suffering from weakness and reduced power in her arm. By 2 September 2004 she had lost all sensation in her arms and legs. She was then transferred to Intensive Care. An MRI scan showed that she had a spinal abscess causing cord compression. She underwent an operation to reduce the pressure on her spine. Afterwards she developed gangrene in her left foot due to a pressure sore.
She subsequently brought a claim against the Defendant Trust and alleged it was negligent in failing to diagnose the epidural collection prior to 2 September 2004 and then not operating until the next day. She argued that if she had received appropriate treatment, the diagnosis could have been made by 28 August 2004 at the very latest, and probably even earlier. She would have been operated on the next day. She alleged that she had been septic from approximately 24 August 2004 but the hospital staff made inadequate inquiry as to the focus of the sepsis. The weakness in her arm was first noted by nursing staff on 24 August but it was not reported to medical staff, or the medical staff did not appear to have assessed it, until 1 September 2004.
The Defendant Trust admitted that she should have been under close review from 28 August 2004 and that a full neurological assessment should have been carried out. However, they argued that no further steps would have been taken until there was a material change in her neurological status, and this did not occur until 1 September 2004 when the Claimant was not longer able to feel her arms and hands. The Defendant Trust admitted there was a delay in surgery between late afternoon/early evening on 1 September 2004 and 3 September 2004. However, they contended that she would have suffered a cord deficit in any event.
As a result of the negligence, she now has no movement in her lower body, suffers from incontinence and has been left with 70% function in her left arm and 15% in her right arm. She is unable to live independently and requires 24 hour care provided within a care home.
Expert evidence indicated that if the epidural collection had been found and treated at an earlier date, she would not have developed tetraplegia.
The case eventually settled out of Court.
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: £170,000; Future care and case management costs: £1,500,000; Future accommodation costs: £337,500; Future aid and equipment costs: £122,000; Future rehabilitation and medical treatment costs: £78,000; Future therapy costs: £22,000; Future transport costs: £100,000; Future assistive technology costs: £40,000; Future holiday costs £40,000; Future costs of managing award: £7,500.
Breakdown of Special Damages: Miscellaneous past costs: £35,000.
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