Judith Rogerson acted for the Defendant in Hosseini v Central Manchester University Hospitals NHS Foundation Trust [2016] EWH 974 (QB). The Claimant, who suffered from cerebral palsy, underwent surgery when she was 11 years old to correct a severe scoliosis of her spine. Several days after the surgery she was found to have become paralysed. Whilst paralysis was a recognised risk of the surgery, it was alleged that the procedure should have been stopped when it became apparent that spinal cord monitoring was not providing any useful information. Alternatively it was alleged that a ‘wake up’ test should have been performed to ensure that the spinal cord had not been damaged. There was also an issue as to whether the damage had occurred during the surgery or at some time afterwards.
Mr Justice Soole dismissed the allegations of breach of duty and concluded that the damage probably occurred post-operatively.
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