Sarah's claim concerned delays in the diagnosis of a non-malignant tumour in her spine. Following the onset of back pain and burning sensations in her feet and lower legs, Sarah saw a rheumatologist who performed a spinal x-ray in October 2002 revealing the presence of a spinal tumour.
Sarah's hospital failed to advise her of the x-ray results and failed to arrange for urgent MRI scanning. There was a delay of about 8 months before the MRI scan and referral to a neurosurgeon were eventually made.
By the time of the delayed operation, the tumour had invaded the nerves around the base of the spine and as a result, even after the surgery, Sarah was left with an incomplete cauda equina syndrome which severely limits her mobility and affects her bowel and bladder function.
We were instructed in place of other solicitors who had advised against taking the case any further.
Specialist reports were obtained in the fields of neurology, neurosurgery and neuroradiology. These confirmed that the poor outcome would have been avoided with earlier surgery.
Indeed, Sarah probably would not have needed a wheelchair for mobility.
In the legal proceedings, the hospital admitted errors for the delayed MRI scan and neurosurgical referral but contended that due to her age, the size and spread of the tumour that such delay did not make any difference to the outcome.
The case was listed for trial in April 2008. A few months before the trial, Sarah accepted the defendant’s offer of £400,000 damages together with her legal costs in settlement.
The case was initially privately funded and then conducted on a no win no fee basis.
After the case Sarah said:
"A number of firms of solicitors that we approached told us it was a hopeless case and refused to help. Thankfully we found Richard Earle who was willing to 'have a go'.
"We are so grateful for his dedication and perseverance which, against the odds, brought us the settlement we felt we deserved."
- You can speak to our medical negligence solicitors on freephone 0800 358 3848
- e-Mail us at firstname.lastname@example.org
- Complete our short enquiry form
All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee.
Contact us on freephone 0800 358 3848
Or start your claim online.
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Charities we support
Personal injury team celebrates social hub for amputees and their families
Fieldfisher hosted the first informal central London meeting hub organised for amputees and their families in association with the Limbless Association (LA)
Further criticism of sub-standard care at Basildon Hospital following death of new-born
At the inquest into the death of a baby boy at Basildon Hospital last year, the coroner concluded that serious failings by staff contributed to the baby's death at one day old.
Jane Weakley welcomes CYRIL technology to test new-borns at risk of cerebral palsy
Researchers at University College London (UCL) have developed a non-invasive monitoring system, small enough to take into neonatal intensive care units, which shines infrared light into new-born babies' brains to detect possible brain damage within a few hours of birth.
Claire Horton comments on Countess of Chester hospital nurse arrest
Claire Horton comments on the distressing case of Lucy Letby, the nurse accused of murdering and attempting to murder babies and infants in the neo-natal unit of the Countess of Chester hospital between 2015 and 2016.
Simple scan to identify breech babies supported by partner Jane Weakley and senior midwife Charlene Francois
Proposals for coroners to investigate late-term stillbirths would provide relief to grieving families