Clinical Negligence

Patient suffers injury to a spinal accessory nerve during surgery to excise a lymphoma on her neck

Jonathan Herbert, specialist clinical negligence lawyer acting for Ms R, successfully obtained an out of court settlement to compensate the claimant for her pain and suffering, loss of earnings and assistance provided because of permanent injury caused by an adverse outcome to surgery to excise a lymphoma on her neck.

The claimant was aged 67 when she underwent surgery to excise a lymphoma to the left side of her neck.  During surgery, the accessory nerve was severed.  Afterwards, Ms R was in excruciating pain from the top of her left shoulder up to her neck, round the back of her neck and round to the front of her sternum.  She also experienced electric shock type sensations in the area of her left collarbone and the whole area was sensitive to the touch.  Unfortunately, there were subsequent delays in referring her for investigations and treatment as well so the injury went undiagnosed.  The claimant eventually underwent nerve grafting seventeen months after the original operation.

Despite further surgery, Ms R remained in constant mild pain but learned to live with it.  As a consequence of the nerve injury, Ms R has difficulty in doing any activity involving lifting both arms above her head and has been unable to return to her full exercise regime as she cannot tolerate the pain afterwards.  Ms R struggles with some DIY activities and was unable return to her work. Had surgery been performed to an acceptable standard, she would have regained normal range of motion and function within six weeks.

Jonathan Herbert specialises in surgical negligence cases.  If you would like to ask Jonathan a question about a potential case, or if you have a general query about any personal injury, contact him at Thomson Snell & Passmore on 01892 701226 in confidence.

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