Private Hospital admit liability for causing patient’s paralysis
Jonathan underwent complex spinal surgery at a private hospital in December 2005. The surgery was to remove a benign tumour that was causing problems with his right arm. All appeared to go well during the surgery and Jonathan was moved back onto the ward.
The nursing staff at the private hospital were all trained in the potential risks involved in spinal surgery. Despite this they failed to look out for obvious signs of problems such as a leak of cerebrospinal fluid (CSF). Jonathan’s wound began to leak CSF but the staff dismissed this as insignificant and did not even write the information in his notes. Jonathan’s wife noticed that his clothing and bedding was wet but again the staff seemed unconcerned. Jonathan and his wife were reassured that there were no problems and that everything was going as planned. Jonathan began mobilising and was able to walk up and down the hospital corridors and use his arms. However he was still reliant on others and was not able to mobilise independently.
Ten days after the surgery Jonathan was advised that the hospital was closing for Christmas and that he would need to be discharged home. They were concerned as Jonathan’s wound was still leaking and his wife did not know how to treat the leak. She was given some dressings by the ward sister and they were sent home.
The following day Jonathan’s wife noticed that the wound was red and inflamed and contacted the private hospital. She was told that she should take her husband to the GP surgery as the hospital was closed. She did as she was instructed and Jonathan went to the GP. He was prescribed antibiotics as the wound looked infected and a swab of the area was taken.
They returned home that afternoon. Jonathan felt unwell and went to lie down. Shortly thereafter he suffered from a massive haemorrhage at the wound site. He lost a substantial amount of blood and immediately lost all feeling below his chest. An ambulance was called and Jonathan was taken to the local NHS hospital.
He underwent immediate and life saving neurosurgery. Jonathan’s wife was advised that the vertebral artery had been damaged and had ruptured causing the massive haemorrhage. The cause of the rupture was an undiagnosed infection which had eroded the wall of the artery. If the correct assessments had been made and the appropriate tests done the infection could have been picked up and treated earlier whilst Jonathan was a patient at the private hospital. Had this happened the artery would not have ruptured and Jonathan would have made a full recovery.
However because of the rupture Jonathan has been left tetraplegic and reliant upon others for all his day to day needs.
After a lengthy dispute the private hospital finally admitted that they played a part in causing Jonathan’s injury and that he will be entitled to compensation.
The case continues to determine the level of that compensation.