MEDICO LEGAL M A G A Z I N E
LACK OF INFORMED CONSENT TO SPINAL SURGERY: TRACY HASSELL V HILLINGDON HOSPITALS NHS FOUNDATION TRUST By Paul Sankey, Partner, Enable Law Paul Sankey is a Partner in the Medical Negligence team at Enable Law. Paul regularly writes on cases of note and developments in healthcare. For more information please visit: www.enablelaw.com/team/paul-sankey/ Hassell v Hillingdon Hospitals NHS Foundation Trust is a successful claim for damages by a patient who was inadequately advised of the risks of spinal surgery. During the operation she suffered an injury to her spinal cord. She was left with permanent disability in the form of tetraparesis (weakness of all 4 limbs). She recovered damages of £4.4 million.
Tracy Hassell v Hillingdon Hospitals NHS Foundation Trust [2018] EHWC 164 (QB) The Facts Mrs Hassell was 41 at the time of surgery to her neck in 2011. She worked full-time as head of year for years 7,8 and 9 at a secondary school and had 3 children. Prior to her surgery she had undergone 2 previous operations. In June 2009 she had undergone spinal surgery for pain in her back, left leg and foot. The operation involved decompression and transforaminal interbody fusion in her lower spine. Her surgeon, Mr Ridgeway, explained the risks of surgery but not including injury to the spinal cord. On the day of surgery, she signed a consent form which included a number of risks including ‘nerve damage (numbness)’.
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In evidence Mr Ridgeway said that ‘nerve injury’ could include numbness, weakness or paralysis. The operation improved her back pain but not her left foot and leg pain. She underwent physiotherapy. By July 2010 she had developed pain in her left groin and hip. She saw an orthopaedic surgeon who arranged a steroid injection and then carried out a left hip arthroscopy in May 2011. She signed a consent form which included risks of no improvement, infection, DVT/PE, haematoma, nerve injury and the need for further treatment. In the meantime, she saw Mr Ridgeway again on 25 January 2011. Although her main problem was groin pain, she also reported pain in her left arm. She struggled to hold a steering wheel whilst
