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Medical Negligence

Client story: How we helped John & Gill after negligent spinal surgery

Neil Crossley discusses a case where compensation was secured for negligent spinal surgery.


Neil Crossley, Head of Clinical Negligence at our Bolton office, settled a case for a claimant who had sustained injury due to negligent spinal surgery.

Our client

Gill, who previously worked as a part-time cook in a local café, visited hospital to undergo surgery to remove her right cervical rib, which had been causing significant discomfort. However, during the operation, the treating surgeon negligently removed portions of her C7 vertebra, which in turn caused permanent spinal cord damage.

The injury resulted in Gill suffering permanent weakness in her legs and in the right side of her body. Her mobility and stability were significantly compromised alongside other permanent symptoms, all of which caused her a significant degree of disability.

The claimant’s abilities to work and carry out her day-to-day activities were affected by the limitations of her movement and function in her right hand. This also prevented her from taking part in many of her former social activities, such as dancing and sports.

How Been Let Down helped

Action was brought against the hospital trust alleging that its spinal surgeon was negligent in:

  • Failing to perform the surgery to which she had consented
  • Mistakenly performing a vertebral resection (a laminectomy), as opposed to simply the removal of the cervical rib

It was alleged that the surgeon’s treatment fell below the standard of care to be expected of a reasonably competent Consultant Spinal Surgeon and that it was unconscionable that he should perform entirely the wrong operation in breach of the claimant’s consent; and perform such an extensive resection that her neck was rendered unstable, and she suffered significant neurological damage.

A settlement was achieved for her pain and suffering and loss of amenity, loss of earnings, past and future loss of earnings; future housing adaptation costs and household expenses; past and future care; equipment; and rehabilitation.

How Been Let Down can help you

Claiming compensation for surgical errors can feel like an overwhelming prospect, especially when you and your family are already trying to come to terms with the after effects of an operation that was either unnecessary or has gone wrong.

We’re on hand to guide you through your surgical error compensation claim.

We’ll listen carefully to your circumstances and handle your case with the utmost sensitivity and professionalism, allowing you and your loved ones to focus on rehabilitation and recovery, all you have to do is get in touch with our team, make an online enquiry or call us on 0800 234 3234.

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