Negligent Care of Patient Resulted in Fractured Spine Compensation

For the further unnecessary pain and suffering that followed, with the fracture misdiagnosed as an old break for four days, she was awarded £60,000 compensation as part of her fractured spine claim.

The woman sought help from Caroline Moore at Medical Solicitors, who successfully recovered damages three days before the case should have gone to trial, despite the defendant trust having continually denied liability.

What Is a Lumbar Spine Fracture?

A lumbar spine fracture is a broken vertebra or vertebrae in your lower back. Your lumbar spine supports your upper body weight, protects your spinal cord and helps to control leg movement. A fracture from a fall or impact can prevent you from moving easily and affect your ability to stand or walk. Suffering such a spinal injury can necessitate wearing a brace, as our client was driven to following her experience with spine medical negligence.
 

Fractured Spine Following Prolonged Unattendance

In January 2011, the claimant (C) went to A&E with severe abdominal pain and was admitted to hospital with a severe urinary tract infection (UTI) and constipation. It was advised that she would need multiple enemas to empty her bowel before a colonoscopy could be performed to find out what was causing her symptoms.

After the final enema was performed at around 9 p.m., a nurse helped C onto the commode shortly before the nurse finished her shift. The nurse failed to ensure that C’s alarm was within reach and did not return to help C back into bed or properly hand over C’s care to a colleague before leaving work.

It was late in the evening, and the ward was dimly lit, with most of the other patients asleep. After around an hour, having realised she’d been forgotten, C attempted to reach her alarm to call for help without disturbing the other patients. But the alarm was too far away, so C tried to get up off the commode and lent on what she thought was a secure handhold, but which was, in fact, a wheeled trolley. As it moved, she fell heavily.

After the fall, an X-ray revealed that C had a fracture to her lumbar spine, but this was wrongly presumed to be an old fracture. C was discharged from the hospital and continued to suffer from severe pain and urinary incontinence. Her husband called 999 for an ambulance, but C refused to return to the hospital in question, so was instead taken to a hospital thirty miles away in another county.

Here, four days later, another X-ray showed that C had a fresh fracture that she had sustained when she fell from the commode. By this time, C had developed a chest infection, and her heart rhythm started to fluctuate, so she was unable to have a scheduled kyphoplasty to fix the fracture. The only option was non-invasive treatment, and C was given a spinal brace to wear.

Pursuing Lumbar Spine Injury Compensation

The claimant, who was 81 at the time of settlement in 2015, had been left with ongoing back pain, urinary incontinence, coccyx pain and had lost four inches in height. She lost her independence and was confined to the house at times, needing assistance with daily tasks due to her inability to stand for long periods.

After the incident, C decided to pursue compensation for her fractured spine. As part of the investigation for the clinical negligence claim, the nurse in question was identified by lay evidence from witnesses on the ward. During proceedings, the nurse’s actions during visiting hours became hotly contested; she recorded the start time for the enema as 7:35 p.m., but C’s husband, who was there visiting throughout, was adamant that this did not happen. As it would also have been highly inappropriate to subject a patient to an enema on a busy ward during visiting hours, the timing in the note must have been inaccurate.

Liability was never admitted for the fall, and some four years after the incident, C was very frail and suffering angina attacks. Eventually, three days before the trial began, the trust made an opening offer of £10,000. This was finally increased to £45,000, and the trust agreed to repay the state benefits paid as a result of the injury to the Department for Work and Pensions (DWP) through the Compensation Recovery Unit (CRU). These benefits amounted to approximately £15,000.

C readily accepted this offer three days before the trial was due to commence. Although she was advised that she would likely recover at least double the amount at trial, she was unwell with stress and angina attacks. Understandably, in such circumstances, C did not wish to have to attend court. However, using her extensive legal expertise, Caroline Moore of Medical Solicitors successfully recovered £60,000 in damages out of court.

Talk to Us About Your Fractured Spine Claim

Have you suffered vertebrae fractures due to clinical negligence? Our compassionate legal specialists can help you make a claim under a Conditional Fee Agreement where no win means no fee. Where healthcare has fallen below a reasonable standard and caused harm or injury, you are entitled to claim compensation. Please contact our friendly team to start a conversation about your potential claim.