Our client rebuilds independence after delayed diagnosis of spinal injury

Our client, went to hospital with symptoms that should have raised concerns about a serious spinal condition. However, medical professionals didn’t properly assess his condition so there was a delay in recognising the possibility of a spinal cord problem. Although there was enough information available to suggest an issue with our client’s spine, he underwent scans of his abdomen and pelvis instead of receiving an urgent spinal assessment. 

The Trust later admitted that our client should have received an emergency MRI scan and specialist spinal assessment by the morning after he attended the hospital, and that surgery should have taken place later that day. 

While the Trust admitted mistakes were made in our client’s care, it disputed whether those failures caused the worsening of his condition. Our client’s case was that the delays in diagnosis and treatment led to a far more serious injury than he would otherwise have suffered. The claim lasted more than seven years and involved complex medical evidence about the impact of the delays on our client’s long-term outcome.

As a result of his injury, our client was left with weakness and reduced function in his arms and legs. He now relies on a wheelchair for mobility and faces significant physical challenges in his day-to-day life. He experiences pain in his arms and hips, as well as muscle spasms in his hands and legs. Our client also lives with ongoing bladder and bowel issues requiring a catheter.

Before his injury, our client led a highly active lifestyle. He spent much of his free time outdoors, enjoying camping and walking outdoors. He also loved more adventurous activities, including off-road motorbike riding and bungee jumping.

The negligence he suffered changed almost every aspect of our client’s life. Activities he once enjoyed were no longer possible, and many everyday tasks became difficult and exhausting.

Living in a rural area brought additional challenges. As our client does not drive, he relied heavily on public transport to remain independent. Getting to the nearest bus stop meant travelling down a steep hill from his bungalow in his wheelchair. If a bus did not arrive or the wheelchair space was already occupied, he often faced a long wait because returning home was physically demanding.

Our client’s injury also had a significant impact on his personal relationships. The challenges that came with his disability placed considerable strain on his family life.

Our medical negligence team supported this client throughout what became a highly complex and hard-fought claim.  Our team first met our client at Southport Spinal Injuries Unit and began working with him.

A key issue in this case was causation: the question of whether earlier treatment would have changed the outcome. The defendant argued that our client’s condition would have been the same even if the correct treatment had been provided sooner. To address this, specialist medical experts were instructed to assess the impact of the admitted delays and provide evidence in support of his claim. While the claim was ongoing, our client did not receive any interim payments. This meant he had limited access to rehabilitation and support services at a time when he needed them most.  

Our client’s legal team worked closely with leading barristers, including Chris Barnes KC and Chris Gutteridge of Exchange Chambers.  Although we held two settlement meetings, neither led to an agreement. 

We prepared a Schedule of Loss that reflected the profound impact the injury had on our client’s life and the support he would require in the future. However, there were significant litigation risks, particularly around liability and causation. Taking these risks into account, the claim was ultimately resolved when our client accepted a seven-figure formal settlement offer known as a Part 36 offer.

Although the claim lasted more than seven years, the settlement has provided our client with the opportunity to begin planning for a more secure future. 

The damages are currently being managed through the establishment of a Personal Injury Trust. Shortly after settlement, our client received an initial payment which he intends to use towards a new wheelchair. For many years he has relied on an NHS-provided chair that does not fully meet his needs, and accessing more suitable equipment will help improve his comfort and independence. 

The settlement will also allow him to explore purchasing a more accessible bungalow. His current property is not ideally suited to wheelchair use, and securing accommodation designed around his mobility requirements will make everyday life easier and safer. 

While no compensation can restore the life our client had before his injury, the settlement provides the financial support needed to improve his independence, access suitable equipment and housing, and focus on the future.

Experiencing medical negligence can leave you feeling frustrated and uncertain about what comes next. At Fletchers, we understand the challenges that arise when the care you received was not the care you deserved. Our specialist medical negligence solicitors are here to help, offering expert legal advice and support from the moment you contact us. We are dedicated to helping you and your family find answers and seek accountability so you can move forward. 

Speak to our team today to find out how we can help.