Claire Levene
Solicitor
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Solicitor | Medical Negligence
Spinal Surgery Negligence Claim Settled After Delay in Removing Infected Metalwork
Specialist clinical negligence solicitor Claire Levene has secured a settlement in a spinal surgery negligence claim involving a four-month delay in removing chronically infected spinal metalwork.
This case study explains how a spinal surgery negligence claim was settled after a delay in removing infected spinal metalwork, what failures may support a claim, and the time limits that usually apply in England and Wales.
The Case at a Glance
- Treatment: scoliosis correction surgery with spinal metalwork inserted in June 2001.
- Complication: recurrent abscesses and chronic infection affecting the implanted metalwork.
- Delay: approximately four months between the decision to remove the metalwork and surgery.
- Outcome: the clinical negligence claim settled on the basis of the delay in removing the infected metalwork.
- Key point: a claim may arise from negligent post-operative care even where the original spinal operation is not proven negligent.
The claim was brought against Northern Care Alliance NHS Foundation Trust and concerned care provided by former spinal surgeon John Bradley Williamson at Salford Royal Hospital and Royal Manchester Children’s Hospital.
Mr Williamson worked at the hospitals between 1991 and 2015.
Background to the Spinal Surgery Negligence Claim
Our client underwent scoliosis correction surgery as a teenager in June 2001. The procedure, performed by Mr Williamson, involved placing metalwork in the spine.
In 2006, our client developed two large abscesses on his back and another over the thoracic rib area. Mr Williamson carried out surgery in August 2006 and advised our client and his mother that the local infection had been cleared. However, symptoms of persistent infection continued.
Our client was readmitted in September 2006 for drainage of an abscess and continued to need daily dressing changes.
In October 2006, he was advised that the spinal metalwork inserted during the 2001 operation needed to be removed. The removal surgery did not take place until January 2007. He then required antibiotics for an extended period, including several months of treatment through a PICC line.
The Delay in Removing Infected Spinal Metalwork
The central issue was not whether metalwork should originally have been inserted. It was the time taken to act after clinicians decided that chronically infected spinal metalwork needed to be removed.
During that period, our client continued to experience the effects of infection and required further care. The claim focused on whether earlier removal should have avoided some of the additional harm and treatment.
How the Spinal Surgery Negligence Case was Settled
The evidence did not establish that the original 2001 scoliosis surgery fell below an acceptable standard of care. The claim nevertheless settled successfully on the basis of the four-month delay between the decision to remove the chronically infected spinal metalwork and the operation taking place in January 2007.
This outcome demonstrates that a spinal surgery compensation claim may concern post-operative care and delays in treating an infection, even where the original operation itself cannot be shown to have been negligent.
Previous Reviews of Treatment by John Bradley Williamson
NHS England previously confirmed that it would revisit reviews of treatment provided by Mr Williamson at Salford Royal Hospital and Royal Manchester Children’s Hospital.
Former patients who had reported concerns about surgery performed by Mr Williamson said that earlier reviews had been too limited in scope.
Can I Make a Spinal Surgery Negligence Claim?
You may be able to make a clinical negligence claim if substandard spinal treatment caused avoidable harm. A claim can arise from the procedure itself or from failures before or after surgery, including:
- an unreasonable delay in diagnosing or treating a post-surgical infection;
- a delay in removing infected spinal implants or metalwork;
- inadequate monitoring or follow-up after an operation;
- failure to respond appropriately to abscesses, wound problems or continuing symptoms;
- surgical errors or treatment falling below an acceptable standard; or
- poor post-operative management that causes additional pain, treatment or loss.
What Must be Proved in a Spinal Surgery Negligence Claim?
To succeed, a claimant generally needs evidence that the care fell below the standard reasonably expected from a competent medical professional and that this failure caused, or materially contributed to, avoidable injury.
Independent medical experts usually assess both the standard of care and the difference timely treatment would probably have made.
Every case depends on its own facts. A specialist solicitor can review the medical records, obtain independent expert evidence and advise whether the standard of care and the resulting harm support a claim.
How Long do I Have to Bring a Clinical Negligence Claim?
In England and Wales, the usual time limit for starting court proceedings is three (3) years from the negligent treatment or from the date you first knew, or could reasonably have known, that the treatment caused a significant injury. Different rules can apply to children and people who lack mental capacity.
Because limitation issues are fact-specific, it is important to obtain legal advice as soon as possible.
In our client’s case, however, limitation was extended due to the investigation in to the John Williams and the care and treatment of his patients which found that there had been substandard care in some cases.
Frequently asked questions about spinal surgery negligence claims
An infection alone does not automatically establish negligence. A claim may be possible where avoidable failings in prevention, diagnosis, monitoring or treatment caused additional harm. Medical records and independent expert evidence are normally required.
Potentially. The key questions are whether the delay fell below a reasonable standard of care and whether earlier removal would probably have prevented some injury, symptoms or additional treatment. Each case turns on its medical evidence.
Compensation is assessed individually and may include damages for pain and suffering, treatment and rehabilitation costs, care and assistance, travel expenses, loss of earnings and other financial losses caused by the negligent treatment.
Relevant evidence can include hospital and GP records, imaging, microbiology results, operation notes, correspondence, photographs of wounds, a record of symptoms and expenses, witness evidence and reports from independent medical experts.
Funding depends on the circumstances. Options may include a conditional fee agreement, often called a no win, no fee agreement, or suitable legal expenses insurance. A solicitor should explain the available arrangement, possible deductions and any financial risks before work begins.
Speak to a specialist spinal surgery negligence solicitor
If you or a loved one suffered avoidable harm after a surgery, including a delayed diagnosis, untreated infection, infected implants or poor post-operative care, our specialist clinical negligence solicitors can review what happened, explain the evidence required and advise whether you may have a compensation claim.
We offer free, confidential initial discussions about surgery negligence claim and we may be able to act under a no win, no fee agreement.
Call our team, email ab@phoenixlegalsolicitors.co.uk, or submit the website contact form to request a callback. Seeking advice early gives your solicitor more time to obtain records, investigate the treatment and protect any applicable deadline.
0151 306 3694 ab@phoenixlegalsolicitors.co.uk Submit a request for a callback