Settlement achieved for a man left with debilitating bladder and bowel dysfunction following spinal injury

In late 2003, our client visited his GP because he was having increasing difficulty with his mobility. His GP referred him to a neurologist at one NHS Trust, who arranged nerve conduction and EMG tests. These tests examine how nerves and muscles work.

The results, reported on 13 April 2004, suggested that his symptoms might be linked to adult-onset spinal muscular atrophy or a form of neuropathy. However, no follow-up appointment was arranged to discuss the findings.

Our client was also referred to an orthopaedic surgeon. An MRI scan showed significant narrowing of the spinal canal at the T12/L1 level, with signs of damage to the spinal cord. He was subsequently referred to a neurosurgeon at a second NHS Trust, who recommended decompressive spinal surgery to relieve pressure on the spinal cord.

The neurosurgeon wasn’t aware of the EMG findings. Our client underwent surgery on 14 July 2004.

Following surgery, our client developed saddle anaesthesia, which is a loss of sensation around the buttocks, genitals and inner thighs. He also experienced sexual dysfunction and problems with his bladder and bowels.

In February 2013, he became aware of the original EMG test results. Further neurological assessment and genetic testing confirmed a gene mutation associated with distal hereditary motor neuropathy, a condition affecting the nerves that control movement.

Our client’s bladder and bowel problems, alongside his sexual dysfunction, had a significant psychological effect on him. These symptoms affected his everyday life and raised concerns about his future.

His hereditary motor neuropathy was also likely to progress. This could make it harder for him to self-catheterise as he grew older, adding to the challenges he already faced.

The claim therefore needed to reflect not only the pain and suffering he had experienced, but also the potential impact of his condition on his future needs.

Our client’s claim was based on the argument that his symptoms should have been investigated properly before surgery was recommended. He argued that, with the correct information, he wouldn’t have undergone the operation and would have avoided the bladder, bowel and sexual dysfunction that followed.

The first Trust admitted that it should have arranged a follow-up appointment with the neurologist. However, it didn’t admit until June 2017 that the neurosurgeon should have been told about the EMG tests and their results.

The second Trust maintained that the neurosurgeon had made the correct diagnosis and denied that recommending surgery was negligent. It also argued that our client would have experienced similar problems even without the operation, and disputed whether he would have declined surgery if he’d known about his hereditary condition.

A settlement meeting in May 2017 failed because the parties had very different views on the value of the claim. The team on the case obtained expert evidence across six medical specialities to examine the issues. During discussions between the neurosurgical experts, they agreed that the neurosurgeon had breached their duty of care by failing to refer our client to a specialist.

The claim settled for £700,000 in May 2018, five months before the scheduled trial. The settlement brought the lengthy dispute to a conclusion and gave our client greater confidence about his future.

The claim included compensation for his pain and suffering, loss of earnings, care needs and additional air travel costs. The settlement reflected the impact of his symptoms and the needs identified through the claim.

Our client said:

“I don’t think my case could have been handled any better. I can now look to the future with a lot more confidence and positivity.”

If you or someone close to you has experienced complications following medical treatment, you may have questions about whether the care you received was appropriate. Fletchers’ specialist medical negligence team can help you understand your options.

Find out more about our medical negligence claims service and contact us today to discuss your circumstances.