£20,000 compensation for inappropriate and poorly-executed spinal surgery
A WOMAN who underwent spinal surgery that experts later said was inappropriate and poorly executed has received £20,000 in compensation from Hull and East Yorkshire Hospitals NHS Trust.
Back on 17 October 2016, the woman had an MRI scan of her cervical spine which revealed signs of compressive myelopathy, a condition where the spinal cord is compressed and she was urgently referred to a neurosurgeon.
In December 2016, she attended her first consultation and reported serious symptoms – including neck pain, numbness in her hands, difficulty walking and trouble using her hands. Based on these symptoms and the scan, she was advised to undergo surgery to relieve pressure on her spinal cord and prevent further deterioration.
She had her first surgery – a two-level anterior discectomy and fusion (ACDF) – on 24 April 2017 and was initially discharged the following day with no concerns.
However, she soon experienced severe pain, loss of coordination and difficulty sleeping flat following surgery. Her symptoms worsened, prompting a re-referral to hospital. On 25 August 2017, a spinal team reviewed her case and determined that a second surgery was needed.
On 2 November 2017, she underwent a more complex revision surgery at Castle Hill Hospital involving a C6 and C7 corpectomy and another ACDF procedure. She was discharged the next day but soon developed complications, including wound leakage and swelling in her neck, which required an emergency visit to Scarborough General Hospital.
Further consultations revealed that the spinal cage inserted during surgery was sinking into her weakened bones and could potentially need removal. She continued to experience shoulder pain, difficulty swallowing and reduced arm strength.
Having been instructed to investigate, our expert medical reviews concluded that the original surgery performed in April 2017 was inappropriate, particularly because the woman had a rare spinal condition called ossification of the posterior longitudinal ligament (OPLL), which was not adequately addressed by the chosen procedure.
Two independent expert neurosurgeons agreed that a different operation, a C6 corpectomy, should have been performed initially. They also found that the surgery had failed to relieve pressure on the spinal cord and that remaining bone spurs (osteophytes) should have been removed.
In our initial formal Letter of Claim, it was alleged that the incorrect surgery and poor technique caused avoidable pain, the need for revision surgery and ongoing complications.
At first, the NHS Trust denied any wrongdoing, arguing that the possibility of further surgery had been discussed. However, our expert clinical negligence solicitors argued that poor standards in the first surgery could not be excused simply because complications were mentioned beforehand. A £20,000 settlement offer was made to the Trust on 24 April 2020, and later accepted to bring the case to a conclusion.
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