Patient left in agony after operation awarded clinical negligence payout

Posted 26/05/2010

A man who was left in agony after an operation went wrong has received an undisclosed sum in clinical negligence compensation.

Gerald Morgan, 60, had been struggling with pain in his spine and went to the Royal London Hospital in October 2004 for a spinal stimulator implant.

When the device was switched on, an error meant the patient had a massive muscle spasm which resulted in him breaking his pelvis.

However, doctors did not carry out X-rays and the fractures were not diagnosed.

It was not until May 2005 that Mr Morgan was finally referred for further tests that medics realised his hips were broken.

He took legal action against Barts and the London NHS Trust and it has now agreed to a six-figure compensation payout.

The victim commented: “I regard the settlement as clear acknowledgement of failings on the part of the hospital doctors and my GP. I hope they both learn lessons from what happened to me.”

Anyone who has suffered as a result of clinical negligence should seek the advice of expert solicitors, as cases such as this can be lengthy and arduous.

Rosamund Rhodes-Kemp, who heads the Clinical Negligence Team at Ashtons Legal, adds: “Spinal cord stimulators are still reasonably rare and this is not a complication that I have come across before.

“However this man’s pain must have been obvious as a fractured pelvis is hugely painful and to have lived with this for seven months must have been dreadful for the patient.

“A few years ago I acted for a woman who had an undiagnosed fractured pelvis after a car accident – she was left for over a year before being diagnosed and treated and was left with long term disability as a consequence and again received a substantial payment in compensation. It goes without saying really that complex cases such as these are best handled by specialist clinical negligence lawyers.”