Missed MRI scan leads to paraplegia

Our client needed an urgent MRI scan but due to failings of medical professionals, this was missed. Further failures in making a referral meant our client sustained permanent paraplegia. We were able to secure a significant interim payment that enabled our client to pay for private treatment and a settlement to support ongoing rehabilitation. This case will explore:  

• The missed medical intervention and diagnosis 
•  How the case progressed  
• Interim support and rehabilitation 
• Reaching a settlement 

The incident 

Our client was a hospital patient who failed to undergo an urgent MRI scan which would have revealed a spinal epidural haematoma (an accumulation of blood which compresses the spinal cord). Such a diagnosis would have led to early surgery to relieve the pressure on the spinal cord and the prospect of a full recovery. As a result of the delay our client sustained permanent paraplegia resulting in him being paralysed from the waist down. This included: 

• Paraplegia 
• Four grade 4 pressure sores 
• Frequent spasms causing pain and discomfort 
• Wheelchair dependency 
• Social isolation 
• Reduced opportunities to rekindle or take up leisure activities 
• Frustration and anxiety about the situation and his prospects 

After being transferred to various hospitals after the incident, our client was finally discharged from a regional spinal centre 10 months after the initial incident. 

The case 

This case involved significant preliminary investigations and obtaining expert evidence to establish a breach of duty (where the hospital fails to meet the standard of care required by law) as a result of multiple failings in the medical treatment provided including: 

• Failing to arrange and carry out an urgent MRI scan; and 
• Failing to arrange referral for urgent neurosurgical opinion following onset of paralysis and urinary retention. 

As detailed above, we started legal proceedings which resulted in the defendant admitting liability in full, however, the value of our client’s claim remained in dispute, and the case was listed for a trial at the High Court. 

We obtained evidence to value our client’s claim from medico-legal experts covering: 

• Spinal Injuries & Rehabilitation 
• Physiotherapy 
• Care and Occupational Therapy 
• Assistive Technology (device, software, or equipment that helps people work around their challenges) 
• Clinical Psychology 
• Accommodation (appropriate housing) 

Following the collation of this evidence, a comprehensive schedule of our client’s losses was prepared and provided to the defendant on a ‘without prejudice’ basis. 

We heavily invested in this case before legal proceedings were issued and this allowed for a complete range of supportive medical evidence to be compiled, including forensic analysis of the medical records. This meant we could address the complexity of medical issues our client suffered and undertake the breach of duty and causation assessment.  

Through detailed instructions, discussion between the experts and key conferences with our leading barrister, a persuasive body of expert evidence was compiled. This enabled us to compile a detailed Letter of Claim to the defendant explaining our client’s case, court documents and schedule of our client’s losses. 

Rehabilitation 

As a result of us beginning legal proceedings, which led to an admission of liability from the defendant (the hospital), we were able to secure a significant interim payment that enabled our client to pay for private treatment and rehabilitation at the Royal Buckinghamshire Hospital. After discharge from the private facility, our client was able to use his interim damages to pay for specialist case management, private support and specialist therapy in his home. 

We also utilised our established network of the most highly regarded medical experts, leading barristers and case management services to ensure our client no only received the best legal support, but rehabilitation supper too. This effort reflects our campaign to help all our clients recover, rebuild and thrive in their new normal. The interim payments we secured, totalling several hundred thousand pounds following the liability admission, were used to finance private medical treatment and purchase a bungalow property to convert into suitable accommodation. 

The settlement 

After the comprehensive Schedule of Loss was prepared and provided to the defendant, the parties agreed to explore settlement through a Joint Settlement Meeting. Our client’s case was settled shortly afterwards for a multi-million pound settlement to allow our client to maximise his independence, health and quality of life. 

Here when you need us  

Here at Fletchers, we understand that a breach in duty of care by your medical professionals can be incredibly overwhelming. Those that you trusted to take care of you, failed to do so. Because of this, our medical negligence team work hard to ensure you know you are supported every step of the way. Our team brings unparalleled expertise and experience to each case, ensuring that clients receive the highest level of legal representation and support. If you or a loved one have suffered due to medical negligence, contact our team today.