Living with chronic back pain can affect every aspect of a person’s life. When treatment does not go as expected, patients are often left searching for answers while trying to manage the physical and emotional impact of ongoing symptoms.
Enable Law supported Ben* following a complex clinical negligence claim relating to spinal surgery and subsequent treatment he received over a number of years. The case centred on allegations that a surgical error during spinal surgery went unrecognised for a prolonged period, leading to further procedures, ongoing pain and significant disruption to his life.
A history of spinal problems
Ben had experienced longstanding back difficulties and previously underwent spinal surgery, which initially proved successful. For several years he enjoyed a good recovery.
However, his symptoms eventually returned, with increasing back and leg pain affecting his daily life.
Conservative treatment options, including injections, provided only temporary relief. After discussing his options with his treating team, further surgery was recommended.
Surgery and ongoing concerns
Ben underwent a dynamic stabilisation procedure in an effort to relieve his symptoms.
He later alleged that a planned discectomy was not carried out during the operation and that a pedicle screw had been incorrectly positioned within the spine. It was also alleged that some of the surgical metalwork was not optimally positioned and that imaging carried out during and after the procedure was inadequate.
Following the operation, Ben continued to experience symptoms which affected both his mobility and quality of life.
Continuing symptoms and further treatment
As Ben’s symptoms persisted, further investigations identified a failure of one of the screws used during surgery. Revision surgery, including spinal fusion and replacement of implants, was subsequently carried out.
Despite this, Ben’s difficulties continued.
Over the following years, he underwent multiple investigations, including X-rays, MRI scans and CT scans, alongside several injections and a number of additional spinal operations.
Throughout this period, Ben maintained that the original problem had not been identified and that, had it been recognised earlier, corrective treatment could have prevented years of pain, uncertainty and repeated procedures.
Bringing a clinical negligence claim
Ben pursued a clinical negligence claim alleging that the pedicle screw inserted during surgery had been negligently misplaced and that the issue was repeatedly missed on subsequent imaging.
He argued that this resulted in unnecessary investigations, injections and surgeries, together with years of avoidable pain, reduced function, emotional distress and loss of enjoyment of daily life.
Enable Law Partner Gillian Clark acted on behalf of Ben in his clinical negligence claim. The case involved detailed analysis of spinal surgery, radiology evidence and medical treatment spanning many years, requiring careful investigation to understand whether avoidable errors had contributed to his ongoing symptoms and need for further procedures.
The defendant’s response
The defendant denied that any negligence had occurred.
It was argued that the treatment provided throughout Ben’s care was reasonable and in line with accepted spinal surgery practice. The defendant maintained that imaging had been reviewed appropriately by both treating clinicians and specialist radiologists and that no misplaced screw had been identified.
The defence also pointed to periods where Ben reported significant improvements following treatment, including successful returns to work and positive outcomes after some of the procedures undertaken.
It was further argued that Ben’s symptoms reflected the progression of underlying spinal disease rather than a single surgical error.
Complex medical issues
The case raised a number of challenging medical questions. Central to the dispute was whether the screw inserted during surgery had been incorrectly placed and, if so, whether that should have been identified on imaging performed over subsequent years.
There was also disagreement about whether later injections and surgical procedures were necessary responses to Ben’s symptoms at the time or whether they could have been avoided if the alleged issue had been recognised and corrected sooner.
These are often highly technical matters requiring detailed expert evidence across multiple medical specialties.
Reaching a settlement
While liability remained disputed, the parties were ultimately able to reach a settlement.
The claim concluded with a settlement of £70,000.
Although the defendant continued to deny that the position of the screw was responsible for Ben’s symptoms, the settlement brought the litigation to a close and provided Ben with compensation for the difficulties he had experienced.
Looking forward
Following further revision surgery, Ben’s condition improved significantly and he was eventually able to enjoy a substantial reduction in his pain levels.
For Ben, the conclusion of the claim represented the end of a long and challenging chapter. After years of treatment, investigations and uncertainty, achieving a resolution allowed him to focus on the future and continue benefiting from his recovery.
At Enable Law, we understand the profound impact that prolonged pain and complex medical treatment can have on individuals and their families. Our team is committed to helping clients navigate these challenging situations with compassion, expertise and a focus on securing the answers and support they need.
What to do if you are concerned about negligent spinal treatment
If you believe the following, you may wish to seek specialist legal advice:
- Your spinal surgery was performed negligently
- The surgery was avoidable or unnecessary
- Your post-operative care fell below an acceptable standard
At Enable Law, we have extensive experience in handling complex spinal injury and spinal cord injury claims. We understand the life-changing impact these injuries can have and are committed to helping you rebuild your life and secure the care, support and financial stability you need for the future.
To speak confidentially with Gillian Clark or another member of our specialist medical negligence team, call us on 0800 044 8488 or fill in our contact form so a member of our team can call you back at a time convenient for you.
*Name has been changed
