Alleged Failure to Give Safety-Netting Advice with subsequent Cauda Equina

Published: 02/03/2020 | News

Tim Found of Farrar’s Building acted for the defending NHS Trust in a medical negligence claim pleaded in excess of £7.1m.  The claim arose after a diagnosis of cauda equina (incomplete) and subsequent discectomy.  The claimant alleged that she should have received different safety-netting advice at a hospital attendance for back pain, 3 months earlier.  Breach of duty was therefore in dispute.  

The claimant had a poor outcome following surgery.  The expert neurosurgeons did not agree causation of the poor outcome, with the defendant’s expert opining that it was due to non-negligent (and rarely occurring) arachnoiditis. 

The claim settled following an offer made at JSM, for the sum of £1.2m, avoiding the costs of a 5-day trial.

Tim Found accepts instructions from Claimants and Defendants in a variety of specialisms. He frequently delivers training seminars and workshops upon request. Any such request should be made to the Farrar’s Building Clerking Team.