Mr Sutton, aged 42, was awarded an out of court settlement of £1,600,000 due to the horrific injuries he sustained when a hospital he attended acted negligently whilst operating on him.

On 17 February 2004, the claimant attended a hospital of the defendant Trust for a review of injuries sustained approximately four months earlier in a road traffic accident. An MRI scan taken by a medical professional at the hospital showed that Mr Sutton had a large herniated disc at in his spine which was compressing a nerve root.

On September 13, 2005, Mr Sutton underwent surgery to remove the bulging disc. The surgeon operated but was unable to locate the disc and during the surgery caused a dural tear, a tear to the tissue surrounding the spinal cord which if left unrepaired can lead to the leaking of the spinal fluid and can cause problems for the patient following surgery.

 The following day Mr Sutton complained of loss of sensation in his lower limbs and an inability to pass urine. The symptoms persisted for a further six days when it was decided to re-operate for the bulging disc to be removed. A revision operation was performed on September 20, 2005.

As a result of the hospital’s negligence, Mr Sutton now suffers from Cauda Equina Syndrome, a serious illness which causes the loss of function of nerve roots in the spinal cord. Subsequently Mr Sutton was wheelchair bound.

Any lesion which compresses or disturbs the function of the nerves or the “cauda equina” may disable the nerves although the most common cause is a central disc prolapse.

Mr Sutton was able to walk short distances with crutches indoors but due to decreased lower limb motor function had to use a wheelchair out of doors. He suffered a loss of sensation in his lower body.  He has a permanently injured bladder and bowel and suffered constant neuropathic pain in both feet and legs which could not be treated.

Sadly, Mr Sutton’s condition is permanent. There is no prospect of improvement and his disability will become worse as he ages.

Mr Sutton brought an action against the Trust alleging that it was negligent in (i) performing surgery at two levels and failing to remove the obvious prolapsed disc shown on the MRI; (ii) failing, after the operation, to recognise signs and undertake emergency surgery; (iii) failing to arrange appropriate discharge after the operation.

The Trust admitted partial liability in that it had breached its duty but at first disputed causation, alleging that Mr Sutton would have suffered some residual injuries even with timely revision surgery following his accident.

Ruth Davies, Solicitor at John Pickering and Partners LLP says:

“This case demonstrates the complexity of clinical negligence and why it is important to instruct solicitors experienced in clinical negligence claims”. 

Nicola Smith
John Pickering and Partners LLP
20 Clare Road
Halifax
HX1 2HX

Tele:               01422 345535
Fax:                01422 438500
E mail:            ns@johnpickering.co.uk

Notes

John Pickering and Partners LLP

About Us

Our clients are people who have suffered injury as a result of a medical accident in the UK.  We are clinical and medical negligence solicitors.  We handle negligence claims against hospitals, GP’s and other medical practitioners for clients across the UK. 

We try to obtain maximum amounts of compensation. 

We are committed to providing public funding (previously known as Legal Aid) and have a franchise from the Community Legal Services Commission.  This means that they have looked at the firm carefully and approved of the way we work.  They consider that we are medical negligence claims specialists.  They trust us to handle medical accident claims properly. 

If you are not eligible for public funding, we can offer a Conditional Fee Agreement, also known as a ‘no win, no fee’ agreement with insurance.  We shall check the best method of funding your claim. 

All 3 of our offices (Liverpool, Manchester and Halifax) are accredited by the Association of Personal Injury Lawyers. 

Claire Horton is an experienced clinical negligence solicitor who is based in our Manchester office.  She continues to practice as an independent funding ajudicator for the Legal Services Commission and acts on a pro-bono basis for the AvMA helpline.

For further advice on medical negligence in Liverpool please also contact Rachel Donovan and for Halifax contact Ruth Davies, who are both experienced in the field of clinical negligence.

We provide free initial advice to people seeking information about a potential clinical negligence claim. 

If you need advice about a clinical negligence claim, contact us now for information about making a claim for compensation.