A patient who suffered severe personal injuries (Cauda Equina Syndrome – CES), loss and damage due to poor medical care at Antrim Area Hospital has recovered substantial damages from the Healthcare Trust responsible for her treatment.
CES “…is a spinal surgical emergency that requires urgent specialist assessment and intervention. If the condition is not managed in a timely manner, it can lead to a range of severe disabilities, including permanent limb paralysis and permanent loss of bowel, bladder and sexual function. This is devastating to a patient’s quality of life…CES is due to acute or rapidly progressive compression of the nerves in the lumbar or sacral spinal canal…” (Spinal Surgery: National Suspected Cauda Equina Syndrome (CES) Pathway February 2023).
Patrick Mullarkey, Head of Healthcare at O’Reilly Stewart Solicitors acted on behalf of the Plaintiff in this High Court litigation.
The Plaintiff had suffered from back pain for some time. Her symptoms deteriorated and she attended her General Practitioner who recorded that she had numbness, feelings of diminished sensitivity below her umbilicus, heavy legs, ongoing back pain, numbness when sitting on the toilet and less awareness when passing urine or opening her bowels. The GP, concerned in respect of her condition, told her to attend the Emergency Department at Antrim Area Hospital.
Notwithstanding her symptoms, and concerns expressed by the General Practitioner, the patient was discharged from care by the ED and advised to go home and rest. During the course of her attendance, the patient requested an urgent MRI scan. She was told that if she wanted such an examination, then she would be required to obtain one privately.
The patient’s symptoms deteriorated, and she again consulted her General Practitioner who instructed her to attend the ED once more. On this occasion, she went to the Royal Victoria Hospital, Belfast, underwent an MRI scan which demonstrated a large ruptured disc which was compressing her spinal cord. She was advised that she would require emergency surgery, and the surgery was carried out that evening.
It was this patient’s case that she was caused to develop permanent injury as a consequence of CES due to a delay in providing appropriate care. It was her case that she ought to have been scanned at the time of her attendance, on the first occasion, at the Emergency Department of Antrim Area Hospital and had this been done, then the outcome for her would have been much better. Due to the delay in providing her with appropriate care, the patient suffers from CES which has resulted in increased pain and suffering, altered sensation in her right leg, and interference with her urinary and bowel functions.
Whilst the patient was employed at the time her injury was sustained, she has not returned to her employment and had suffered financial loss as a consequence. By reason of the injuries that she sustained, she now has an ongoing care need to assist her in her day-to-day life. The patient’s accommodation, at the time of her injury and subsequently, was not suitable and she requires adapted accommodation in order to facilitate her dignity and independence in her life.
O’Reilly Stewart Solicitors were instructed to investigate the circumstances of her care. Independent medical evidence was obtained on her behalf which demonstrated substandard medical care and proceedings were issued seeking compensation for the loss that she suffered. Whilst the Defendant ultimately admitted, after issue of proceedings, that the care that she received at the Emergency Department was substandard in that she should have been referred for scanning on that date, the patient was put on her proofs as to the extent to which her injury was attributable to that substandard care. We obtained multiple reports from independent medical Consultants attesting to the connection between the delayed care and the patient’s ongoing symptoms and complaints. Financial loss evidence was also obtained addressing the full suite of damage including loss of earnings, pension, care needs, therapies, medical costs, travel costs, vehicle, accommodation, etc.
When all the necessary evidence had been obtained to vouch the Plaintiff’s loss, the case was listed for hearing and, in the usual manner, prior to the first day of hearing, the parties engaged with a view to exploring a financial settlement. After detailed negotiations between the parties, the case was resolved in the Plaintiff’s favour with an agreed payment of £2.25 million plus full costs.
It should be noted that the pursuit of this case by the Plaintiff was assisted, at all times, by the Legal Services Agency Northern Ireland, and that the Plaintiff had been in receipt of a Full Civil Aid Certificate. The Plaintiff is indebted to the Legal Services Agency Northern Ireland for its assistance and support throughout the course of the action
Our client says “Thank you so much Paddy. I really appreciate everything you have done. Especially on a Friday evening. I don’t think I will sleep tonight!“
