Southampton man receives compensation following invasive spinal surgery
A Southampton man, who suffered agonising back and sciatic pain after a surgeon failed to advise him of appropriate treatment and associated risks, has been awarded £36,500 compensation.
Denis Bundy, now 63, was awarded the sum in an out-of-court settlement, following a four and a half year legal battle.
In September 2002, Mr. Bundy privately instructed consultant neurosurgeon Mr. Brooke, following years of sciatic back pain. Following an MRI scan, he was advised by his surgeon over the telephone that an invasive type of spinal surgery was the only solution to his back problems and, as his condition was not considered an emergency, he would have to wait 15-18 months to have the surgery done on the NHS. Due to the severe pain Mr. Bundy was experiencing, he managed to raise the £10,000 necessary to have the operation done privately and booked to have the surgery with Mr. Brooke in January 2003.
Following the operation Mr. Bundy developed severe and debilitating back and leg pain, and after some weeks it was discovered that one of the screws inserted during the surgery had broken from the pedicle causing it to move where it now touched the root of his nerve.
As a result, Mr. Bundy was admitted for further surgery in March 2003, in which all of the metal work that had originally been inserted was removed from the left side, and no attempt was made to replace it. As a consequence Mr. Bundy’s spine was left unstable, and despite being fitted with a full body brace, he was left in severe pain and required constant care and support.
Although Mr. Bundy’s condition has since improved, he continues to suffer back pain caused by nerve damage due to the movement of the screw and the fact that a nerve was cut during the original operation.
Mr. Bundy’s lawyer, Vicky Hydon, a clinical negligence expert with law firm Moore Blatch Resolve, says: “Mr. Bundy didn’t receive the correct and appropriate guidance and advice prior to his operation. Firstly, he was advised over the phone instead of a face-to-face meeting and was given only one option – the most invasive and risky type of surgery. He was not sufficiently warned of the risks and of any alternatives of which there were several. Had he been properly advised, he would not have chosen the drastic option of the invasive surgery.
“He was also incorrectly told the waiting time on the NHS and, despite Mr. Bundy suffering another serious condition as a result of his back problem, which was noted by medical staff before the original surgery, he was not advised that due to this his case would have been considered an emergency and he would have been eligible to have the surgery done on the NHS almost immediately. Had he been advised of this he would not have had to find a large sum of money to fund the operation privately.
“Mr. Bundy had to endure weeks of crippling pain and even when he eventually went in for the surgery to remove the migrated screw, his surgeon removed all of the metal work on the left side despite only part of it needing to come out and no attempt was made to replace it. This left Mr. Bundy’s spine very unstable.”
Denis Bundy comments: “I am very disappointed that I was only given one option and that none of the associated risks, or better still alternative treatments, were communicated to me. Had I been properly informed I would have never agreed to undergo such a complex and intrusive operation and would have certainly tried some of the less risky options available to me first especially a spinal laminectomy.
“I was in such pain that I couldn’t wait the length of time I was told I would have to wait to have the operation on the NHS, although if the correct advice had been given to me I would have been able to receive the treatment on the NHS almost immediately. Instead, I had to try and get together £10,000 in a very short space of time.
“I was unable to walk unaided for ten months following the surgery and had to wear a body brace for over four years. Over the past few years I have had to rely on my partner to help me with everyday tasks and it has been extremely upsetting for my daughter Jessie, who was only 12 years old when I had the surgery, who had to go through the trauma of seeing her Dad in so much pain.”