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Ben was taken to the toilet by a nurse in a wheelchair but
was unable to pass urine. He was then told that he did not
need any treatment apart from rest and mild painkillers and
was discharged home. After being discharged, Ben suffered
from severe pain which damaged his spine and placed pressure
on his nerves, causing numbness, bladder and bowel problems.
He was not given any advice to return to the hospital and
by 4 February 2002 he could barely walk; his pain was excruciating,
he could not sleep, eat, go to the toilet, walk or lie flat.
He returned to his GP who arranged for him to be seen by a
Consultant Neurosurgeon at P R Hospital on 6 February 2002
and also arranged for Ben to be seen by an Orthopaedic specialist
at the same hospital on 7 February 2002.
Ben attended the hospital on 6 February; the Consultant could
not believe that B had not been admitted to hospital following
his previous admission by ambulance. He was admitted to H
P Neurological Unit for an MRI scan. This could not be carried
out as Ben was in too much pain but it was undertaken the
following day with the help of an anaesthetist. Ben was diagnosed
with Cauda Equina Syndrome and underwent a lumbar laminectomy
for a central disc prolapse on 7 February 2002. He was discharged
seven days later.
The aftermath of the surgery was that Ben experienced decreased
sensation in the bladder and severe restriction and discomfort
in his back. He also suffered from difficulty standing and
sitting in one position for a long period of time, loss of
sensation and numbness from the waist down the back of both
legs and the soles of his feet. This makes balance and co-ordination
very difficult, with the result that Ben still loses his balance
quite frequently.
Ben sought legal advice and a report was obtained from a
Consultant Orthopaedic Surgeon, which confirmed that had the
surgery been performed earlier the outcome would not have
been any different for Ben. However, the Consultant was able
to say that the Orthopaedic Registrar was negligent in failing
to diagnose that Ben was suffering from Cauda Equina Syndrome,
by not examining him in A&E, and not requesting an MRI
scan on 30 January 2002. It was also alleged that the hospital
was negligent in failing to advise Ben to return to the hospital
if his symptoms worsened particularly in relation to the deterioration
of the functioning of his bladder and bowel. Reports were
also obtained from an A&E Consultant and a Consultant
Neurosurgeon & Spinal Surgeon.
Proceedings
A pre-action protocol letter of claim was sent to the Defendants
on 22 October 2004. The Defendants agreed an extension of
time for issue of proceedings until 30 May 2005. The Defendants
filed a Letter of Response, admitting breach of duty, on 17
May 2005 and a Part 36 Offer was also made by the Defendants
on the same day in the sum of £50,000.
Ben put forward a counter-offer on 26 May of £100,000
and proceedings were issued on 30 May 2005. On 4 July 2005
the Defendants increased their offer to £60,000 and
Ben accepted this offer on 15 July 2005.
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