Medical negligence help please

[Thermo]

Hello

June 2017 I had surgery which involved an L2 to pelvis posterior instrumented fusion revision decompression L4/L5, L5/S1. Unfortunately the outcome left me disabled. In November 2018 a different Surgeon successfully performed revision surgery.

Following the revision procedure I asked why the original surgery left me disabled for 18 months. The surgeon stated “the main problem was there was not enough support at the L4/5 and L5/S1 levels and this resulted in non-union and loss of sagittal alignment this led to compensation and resulted in significant muscular pain and loss of sagittal alignment. In addition there was loss of lumbar lordosis as compared to preoperative values”

I would like make a medical negligence claim against the original surgeon. I have contacted 3 firms who basically say "If the treatment received isn’t the best treatment, it doesn’t necessarily mean there was a breach of duty"

Is this something anyone can help me with please?

[des8]

Hi and welcome

sorry to hear of your problems.

Clinical negligence is notoriously difficult to prove

It is not enough that the treatment was unsuccessful, or did not work.
You need to prove there was a breach of the duty of care and that any harm was caused by negligence.
It is necessary to review what was done and what other clinicians would have done in those circumstances.
The main tests that have to be surmounted are known as the Bolam Test and Bolitho Test

If three firms (specialists in the field of clinical negligence claims?) have declined to help I doubt there is anyone on this site who could assist.

I speak from helping a relative who tried to sue a surgeon for clinical negligence due to missing a fractured ankle.
This caused much pain, discharge from the RAF as medically unfit, the ankle eventually being fused.
Counsel's opinion after a detailed review of all medical notes led to discontinuing the action

But good luck anyway

[Thermo]

I wasn't aware of the tests Des, thanks. The three 'specialist' firms just dropped me, one citing causality. I was going to engage an expert witness directly. Is this something you've had any experience of this when helping your friend?

[des8]

The first step is to obtain all relevant medical records from your doctor and the hospitals involved.

We managed (after a lot of work as obtaining his records involved the RAF, three national health hospitals, his GP) to put together a package which was taken on by a firm of solicitors. They were the ones who obtained counsels opinion.

There are direct access barristers you can use.
To keep your costs down, do obtain all info and records, and present your case logically.

good luck