C has a history of lower back pain caused by a severe grade 2/3 spondylolisthesis. On 20 March 2017 she was diagnosed with a different spinal problem, namely a prolapsed thoracic disc at the T11/12 level. She underwent surgery to remove that disc on 30 March 2017. By this claim she alleges that D was negligent in that there was a delay in diagnosing and treating the prolapse. Her case is that, as a result of the delay in treatment, the prolapse progressed and resulted in paraplegia. [1]
C’s claim relates to two distinct periods of time: (i) her appointments with Dr Bopitiya, Consultant in the Department of Chronic Pain Management at Southend University Hospital, on 24 December 2009 and 30 September 2010; and (ii) her attendance at the Emergency Department at Basildon University Hospital on 9 March 2017, when she was assessed by an Emergency Nurse Practitioner (“ENP”), Becky Nice. [2]
Dr Bopitiya acted in breach of duty in failing to order an updated MRI scan or conduct a full neurological examination of C. He also acted in breach of duty in failing to take an adequate history or conduct an examination at the 2010 consultation and by exceeding his remit and giving C advice on surgery: see [50]-[95] above. [204]
The disc prolapse was symptomatic in 2009/10, such that C would have been offered surgery for it at that point [205]
C would have elected to undergo this surgery [206]
Had this occurred, C would have made a full neurological recovery, whilst pain and disability arising from her spondylolisthesis would have persisted [207]
C’s claim in relation to Dr Bopitiya is therefore upheld. [208]
ENP Nice did not act in breach of duty on 9 March 2017 in failing to undertake a proper neurological examination [209]
C’s claim in relation to ENP Nice is therefore dismissed. [210]
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