Lawyer Calls For Lessons To Be Learnt As Surgery Delay Leads To Lifelong Disability

01/03/2011

A 63-year-old man who was left with a permanent disability after two hospitals failed to identify that he needed urgent surgery, has received a substantial six figure out of court settlement.

George Hubble, from Willenhall in the West Midlands, suffered a prolapsed disc, which caused pressure on the spinal cord. The injury went undetected for over 24 hours, leading Mr Hubble to suffer irreversible nerve damage, resulting in him now having difficulty walking and being left with debilitating bladder and bowel damage.

But despite Mr Hubble’s symptoms being a known surgical emergency, both Walsall University Hospital NHS Trust and University Hospital Birmingham NHS Foundation Trust made no admissions of liability for failures in his care.

Mr Hubble, who ran a double glazing business, had suffered from back problems for several months prior to an incident on 16th April 2007, when he experienced immense pain in his lower back as he stubbed his foot on the kerb whilst getting out of his van. He managed to drive back to the office, where he collapsed in pain.
 
Mr Hubble was taken by ambulance to Walsall Manor Hospital, where a doctor initially told him that there was no damage to either his spine or back. A nurse was instructed to arrange his discharge.  Mr Hubble then mentioned he was developing numbness in his groin, lower back and sides and along the back of his feet and legs. Doctors re-examined him and ordered an X-ray before admitting him to a ward for observation.
 
However, it was not until Mr Hubble had an MRI scan on the morning of April 17th, which showed the prolapsed disc, that he was transferred to the Queen Elizabeth Hospital in Birmingham in the early hours of 18th April. Even then, it was not until the afternoon of April 18th that Mr Hubble finally underwent surgery.

Now, a medical negligence expert at Irwin Mitchell Solicitors is calling for lessons to be learned by both Trusts involved to protect patient safety in the future.

Tim Deeming a medical negligence expert at Irwin Mitchell, who represented George Hubble, explained: “George’s initial symptoms of numbness in his groin and legs meant he should have undergone an urgent MRI scan that day. This would have revealed that he was in fact suffering from a large prolapsed disc which was pressing on the nerves – a serious medical condition known as ‘cauda equina’ which requires urgent surgery in order to prevent permanent damage.

“Independent medical experts have told us that the hospital had a 24 hour window of opportunity to carry out surgery. We know that, prior to Mr Hubble being transferred to the QE, there were telephone discussions between doctors at both hospitals about his condition.

“We have been unable to find out if the delay in surgery resulted from Walsall Hospital failing to appreciate the gravity of the situation or if in fact staff at the QE failed to advise an urgent transfer.

“Either way, this was a fundamental error that should have been avoided if the hospitals had acted promptly. I am particularly concerned that there was such a slow response to Mr Hubble’s ‘red flag’ symptoms which should have rung alarm bells with doctors.
 
“Instead, the delay in an accurate diagnosis meant that irreversible damage was done to his nerve endings, leaving him with permanent mobility issues and debilitating bowel and bladder problems. We very much hope that lessons have now been learned by the Trusts so that patient safety is not put at risk in the future.”

Mr Hubble commented: “Before this happened, I had always been a very fit and active man and ran my own business now I have difficulty walking even 100 yards and need a walking stick to support myself. Worse still are the problems the nerve damage has caused internally. The bowel and bladder problems I suffer are understandably embarrassing and debilitating. The injuries affect virtually aspect of my everyday life and although it’s something I have learned to live with it never goes away.”

In a bid to raise awareness and support for other people who have suffered ‘cauda equina’ injuries, Tim Deeming, Mr Hubble and other clients who have suffered similar problems are now linking in with the Spinal Injuries Association.

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