On 7 March 2012, Mr Justice McCombe at the High Court in the Royal Courts of Justice held that the Royal National Orthopaedic Hospital was negligent after Rebecca Ling, a 13 year old girl from Wickford, Essex was left quadriplegic and unable to breathe without a ventilator following a routine operation to the curvature of her spine. McCombe J found that the surgeon had failed to halt the operation despite clear signs that Rebecca's spinal cord was at risk.
Rebecca's parents, Julie and Andy Ling, instructed Jonathan Zimmern in their claim against the Hospital. Rebecca and her family were obviously delighted by the High Court's decision but have been left devastated by the Hospital's decision to Appeal. Julie Ling explained:
"We are relieved that the Judge ruled that the Hospital was at fault but we are devastated that despite his decision the Hospital are still contemplating an Appeal. Our daughter had to endure an entire awful year in hospital after she was paralysed, followed by five more years whilst we tried our best to cope with her at home – financially and emotionally – and fight for compensation. Sadly it seems we still have a long fight ahead of us secure the financial support she so badly needs and deserves."
The family received a further boost in their bid to obtain compensation for Rebecca when the High Court refused the Royal National Orthopaedic Hospital permission to Appeal at a Hearing on 28 May 2012. The Hospital must now apply to the Court of Appeal for permission and they do so in the face of the Trial Judge's written comments that such permission should not be granted.
For further information or if you have a orthopaedic negligence legal claim or surgery negligence claim, please contact Jonathan Zimmern on 0330 460 6779 or email jonathan.zimmern@fieldfisher.com.