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Posted on 9th March 2018

Woman Paralysed After Surgery

A High Court has given a ruling of a multi-million-pound compensation payout for a woman who was left paralysed after spinal injury surgery. The woman from Hillingdon received £4.4 million as the risks of her operation were not made clear. The patient argued that if she had been aware of the dangers of paralysis, she would not have had the surgery.

The compensation was awarded to pay for her lifetime care needs in the first case to use a legal challenge with the Montgomery ruling. Based on the Montgomery case, the justices ruled that; ‘the doctor’s advisory role involves dialogue, the aim of which is to ensure the seriousness of the condition, anticipated benefits and risk of the proposed treatment and any reasonable alternatives so that she is then in a position to make an informed decision’.

Based on the ruling above, the woman claimed that she was not made aware of the substantial risks the invasive procedure has and that she would not have undergone treatment with the risk that has now had such a difficult and overwhelming effect on her life. While the surgeon acted carefully and skilfully during the operation, it was the fact that full informed consent was not received that made this case and why the judges awarded the compensation claim.

What Negligence Claimline say

In the first case of its kind, this can have serious reverberations in the medical profession as doctors need to be sure that full, informed consent is fulfilled. While the woman in the case above did sign a consent form, it was during a period of stress and anxiety before the operation. She also felt she was not given the time for doctors to explain the risk fully.

At Negligence Claimline, we know that most doctors want to make sure we receive the best care. However, it is essential that patients have the decision when the risks could be life-changing. It is important to fully understand the risks involved and that your doctor spends enough time answering your questions and covering all of the necessary information regarding an operation.

If you have suffered as a result of the risks of surgery not being made clear, or consent was not obtained, then you may have a right to seek compensation. Tell your story to the team at Negligence Claimline, and we will help to assess your claim and explain the process completely free of charge. Our team operate on a no win, no fee basis so call us on 0330 355 9210 for free, friendly advice.