Wake Smith Solicitors has helped a man whose spine was broken by medical staff during an MRI scan at a Bristol hospital gain a compensation payment.
Timothy Newton, 43, was suffering from a painful flare up as a result of his pre-existing spinal condition Ankylosing Spondylitis (AS) and was sent to Frenchay Hospital via Musgrove Park Hospital in Taunton after medical staff thought him unable to fit into the MRI scanner there due to the curvature of his spine.
He was placed under general anaesthetic and an MRI scan was attempted in a closed MRI scanner at Frenchay – which measured exactly the same size as the scanner at Musgrove Park.
When he came round, he had blisters to his abdomen and severe pain in his lower back and when finally seen by his original consultant back at Musgrove Park, he was diagnosed with having a fracture of his spine.
Now eight years on, Mr Newton has been awarded an undisclosed sum for the blunder which happened in October 2011 thanks to Wake Smith Solicitors in Sheffield.
Mr Newton, from Minehead in Somerset, said: “My Consultant advised that I would require an open or upright MRI scanner to accommodate my curvature as I had done in the past at a previous hospital. However, after discussion with the neurosurgeons at Frenchay Hospital in Bristol, I was transferred to there from Musgrove, so that they could complete a scan under general anaesthetic in their scanner.
“When I woke up I was in severe pain and had blisters on my stomach caused by the scanner. I knew something wasn’t right when I woke up laid flat and facing the ceiling, which I had not been able to do for many years. I was told that the MRI scan had failed to identify a new injury and was sent back to Musgrove Park.
“Eventually, I was seen by my original Consultant who immediately noted my change in posture. After another MRI scan, in the scanner in which I could now fit due to my injury, a very significant fracture was identified in my spine. I then had to undergo major, and life threatening surgery where a number of vertebrae were fused together by a metal plate.
“I’ve finally been compensated, but they’ve never admitted their mistake, and I’ve still not had an apology.
“I have lost the ability to reach below my waist or above my head and have also lost function in my neck. I can’t do simple tasks like putting my socks on and need help going to the toilet.”
North Bristol NHS Trust never admitted causing Mr Newton’s condition and the case was settled earlier this year for an undisclosed sum, just ahead of a trial at court, Wake Smith said.
Scott Haslam, a clinical negligence specialist at Wake Smith in Sheffield, who took on the case, said: “This was an incredibly complex matter given Mr Newton’s pre-existing condition. Even though he was severely disabled before, this incident has made his life even more difficult.
“Despite supportive evidence from nine specialist medical experts in Mr Newton’s case, North Bristol NHS Trust continuously denied the allegations. It was clear that Mr Newton could not fit into the MRI scanner. The spinal fracture was the most significant I have seen on an MRI scan in many years of dealing with those who have suffered from clinical errors.
“Whilst we are pleased that Mr Newton has finally been provided with the compensation he is entitled to, an earlier conclusion of this case could have saved costs at a time when the NHS is under increasing pressure. Mr Newton was left waiting for eight years for answers and still does not have an acknowledgement of a mistake or an apology from the Trust.
“We hope that North Bristol NHS Trust learn from their mistakes and that procedures have now been put in place to avoid a similar incident in the future.”
AS, is a progressive inflammatory condition, which eventually results in curvature and fusion of the patient’s spine. Sufferers can have several flare-ups a year, where they can experience significantly increased pain and become bed-bound.
