Our client was a lady in her 60s who was unfortunate to be diagnosed with cervical myelopathy due to compression of her spinal cord in the neck. She initially underwent a successful operation to relieve symptoms.

Unfortunately, whilst in rehabilitation under the care of Rotherham, Doncaster & South Humber Mental Health Foundation Trust, our client suffered a deterioration with increased pain and reduced function. There was insufficient monitoring by her rehab team and a delay in referring her back to the surgical team. After a further significant deterioration, she eventually underwent a second operation in the form of corpectomy and cervical decompression and fusion. Unfortunately, this operation was too late to avoid our client suffering permanent mobility problems to the extent of being wheelchair bound, a loss of strength and use of her legs, ongoing pain and loss of bladder function.

The Defendant admitted breach of duty and some injury, but the extent of the injury caused by the delay was strongly contested. The Defendant’s expert evidence suggested that she would have suffered from many of her symptoms in any event and they were not caused by the admitted breach of duty.

This complex case eventually settled for £350,000 at a joint settlement meeting before Trial. The settlement provided our client with certainty and security to make provision for her future accommodation and care.