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Case Study

Spire healthcare admits liability for surgeon investigated for multiple procedures

Lindsay Holt has received an admission of liability from private healthcare provider Spire in a case against a surgeon working at its Birmingham hospital.

The admission follows an ongoing investigation into multiple surgeries performed by one surgeon at Spire Parkway in Solihull before September 2018 after which patients were advised to seek medical and legal advice if they received a letter saying their surgery was due for ‘independent desktop review’.

Private surgeons are independent consultants rather than employees of private hospitals, which are generally are not liable for surgeries performed at their hospitals. In Lindsay's case for client Austen Llewellyn, however, NHS Resolution took over the case because Austen had been referred to the private hospital via the NHS waiting list scheme.

In December 2018, 48-year-old Austen underwent the patello-femoral surgery to fix ongoing pain and problems with mobility. Austen, a surveyor, was a keen skier and golfer and wanted the surgery to be able to continue his active lifestyle.

In its letter of response, NHS Resolution admitted that a vital component was incorrectly inserted into Austen's knee, that the patella component was wrongly cut and that the lateral facet was left uncovered. Austen was left in agony and was forced to undergo a further full knee replacement that will likely wear out, with limited options for further surgery, with devastating consequences for his longterm mobility.

The surgeon has since left Spire Parkway. Lindsay is quantifying Austen's losses and will seek compensation for his pain, suffering, aids and adaptations and reduced quality of life.

Austen said: "This has knocked me completely for six, knowing I will now miss out on the things I most enjoyed in life – being active, playing sport, particularly with my son, country walks with my wife and dogs – all the stuff we all take for granted until it is taken away."

Contact us

For further information about surgery negligence and private healthcare negligence claims, please call Lindsay Holt on 0161 268 8613 or email lindsay.holt@fieldfisher.com.

Alternatively

All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee. Find out more about no win no fee claims.

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