§ PUBLISHED JUDGMENT · 2018

Lesforis v Tolias

[2018] EWHC 1225 (QB)·High Court (Queen's Bench Division)·21 May 2018

Two days after spinal fusion surgery Mrs Lesforis suddenly lost movement in her feet; re-operation found a compressive blood clot. Martin Spencer J held it was negligent to give the blood-thinner Clexane routinely within about three hours of spinal surgery, which caused the haematoma, although the timing of the re-operation was not negligent.

Outcome

Claimant succeeded

Sum stated in judgment

Not stated

Claim type

Brain & Spinal Surgery Negligence

Decided

Liability decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Mr Christos Tolias (consultant neurosurgeon, Harley Street Clinic)

Injury: Epidural haematoma after lumbar decompression and fusion causing permanent bladder, bowel and mobility impairment; wheelchair user

Specialty: Spinal neurosurgery · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“It follows that, in relation to the first allegation, namely the inappropriately early prescription of chemo-prophylaxis, both breach of duty and causation are made out thereby entitling the Claimant to judgment.”

The money

Judgment for the claimant on liability; quantum to be assessed

§ WHY IT MATTERS

What this case shows.

Routine practices that fall outside the normal range at the time can be negligent even if the surgeon always did it that way. Post-operative anticoagulation after spinal surgery carries a recognised bleeding risk that must be weighed for each patient.

About brain & spinal surgery negligence claims →

§ MORE BRAIN & SPINAL SURGERY NEGLIGENCE JUDGMENTS

Claimant succeeded

Dickinson v Newcastle upon Tyne Hospitals NHS Foundation Trust

[2026] EWHC 1574 (KB)·2026·Liability and damages decided at trial

A 37-year-old alcohol-dependent man admitted for a facial abscess was not given the prophylactic vitamin B1 (Pabrinex) that guidelines required during withdrawal, which the Trust admitted was a breach. The judge found this caused Wernicke's encephalopathy and a lasting functional disorder, and set the main heads of damages including a 24-hour care regime.

Breach was admitted, so the case turned on proving the brain injury was caused by the omission rather than by pre-existing conditions. It illustrates how catastrophic-injury awards are built from a care multiplicand, case management and accommodation rather than a single headline figure.

Claim failed

Hakmi v East & North Hertfordshire NHS Trust & Anor

[2025] EWHC 2597 (KB)·2025·Liability decided at trial

An orthopaedic surgeon had a second stroke and the on-call stroke consultant, assessing by telephone because the video link was broken, decided against clot-busting treatment. The judge found documentation was poor but that thrombolysis would probably not have changed the outcome, and rejected the defendants' allegation that the claimant had faked his test results.

Poor record-keeping and a remote consultation do not win a case on their own; the claimant must show the missed treatment would have made a real difference. A defence of dishonesty needs solid evidence and failed here.

Claimant succeeded

Dee v Welsh Ambulance Services NHS Trust & Ors

[2023] EWHC 2765 (KB)·2023·Damages assessed at trial

A man who fell from a scooter in May 2019 alleged the ambulance crew and the A&E department failed to recognise and immobilise a spinal injury, manage his blood pressure or protect him from pressure sores. On an interim payment application the Master was satisfied he would succeed on the hand-function and pressure-sore injuries and ordered £109,006.96.

Where the evidence of breach and causation is strong, a court can order a substantial interim payment before trial to fund immediate needs, even though the final award remains to be decided.

All brain & spinal surgery negligence judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

This guide is general information about the law in England and Wales, not legal advice about your case. ClaimGavel is run by Costart Projects Ltd on behalf of Tomlin & Partners, a specialist medical negligence firm regulated by the SRA. The free assessment on this page is an AI overview to show you roughly where you stand; a solicitor confirms the position in a free, no-obligation conversation.