Former nurse wins negligence case

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A retired nurse has won a medical negligence claim after she was left paralysed following a back operation.

Former nursing sister Enid Smith, 75, from Glasgow, underwent surgery at Edinburgh's Western General Hospital in a bid to help alleviate back pain.

A judge at the Court of Session said there was "overwhelming evidence" that the damage was caused by trauma to the spinal cord during the procedure.

The £500,000 damages Mrs Smith hopes to receive will be subject to discussion.

There could be a further hearing before a judge if the level of damages from Lothian University Hospitals NHS Trust cannot be agree.

Mr Bashir thought and hoped that the surgical procedure had proceeded without problem, but this was a new procedure for him Lady Clark

The Court of Session in Edinburgh heard how the operation involved implanting a trial electrode into the pensioner's back.

In bringing the action against the trust, Mrs Smith claimed her condition was caused by trauma to the spinal cord during the surgery.

The trust had contested the action.

The court heard how Mrs Smith, who lives in Bearsden, had suffered back problems for several years and had previously undergone surgery.

In 1994 she bought a powered wheelchair which she sometimes used over long distances.

She said she led a normal life and still worked for a victim support group, but due to her pain sought a referral for a dorsal cord stimulator.

The procedure was carried out by Saad Bashir under the supervision of a consultant neurosurgeon.

'Caring doctor'

Mr Bashir, who later left the NHS to work in Pakistan and is now a consultant in Karachi, told the court he could not accept that his surgery had caused injury to the spinal cord.

The consultant who supervised the operation considered it was within the capability of Mr Bashir and what he saw of the surgery did not suggest to him any mistake was made at the time.

Lady Clark of Calton, who heard the case, said: "Mr Bashir impressed me as a caring doctor who has plainly achieved eminence in his profession."

But the judge added: "My interpretation of the evidence is that Mr Bashir during the surgery thought and hoped that the surgical procedure had proceeded without problem, but this was a new procedure for him."

She said: "It appears his immediate reassessment of the situation post-surgery, when problems had arisen, left him with doubt about his earlier interpretation."

Skilled procedure

The judge said "the overwhelming weight of evidence" was that Mrs Smith's paralysis was "caused by trauma to the cord by the electrode during the surgical procedure".

She said it was likely that the electrode punctured the membrane enveloping the spinal cord.

Lady Clark said there was no dispute that the procedure involved in the case was highly skilled.

The electrode had to be manoeuvred by feel with enough sensitivity to respond to resistance and stop if it was felt.

"I am satisfied that there was resistance to be felt but Mr Bashir did not recognise and respond to the resistance by stopping, " she said.

The judge said she accepted the evidence of an expert witness for Mrs Smith "to the effect that Mr Bashir in the circumstances of this case failed to exercise the requisite degree of care and skill".