XYZ v Warrington & Halton NHS Foundation Trust
[2016] EWHC 331 (QB)·2016·Liability decided at trial
A teenager with back pain had a lumbar microdiscectomy and afterwards developed cauda equina syndrome. She argued the surgeon should have sought a second opinion and consented her properly; the court rejected the criticisms and found the CES was a non-negligent complication.
Cauda equina syndrome can be a recognised complication of spinal surgery rather than evidence of negligence. Consent claims fail if the court accepts the surgeon gave adequate advice.