Question
Alice had suffered with numerous back problems and had decided to undergo elective surgery in order to improve her quality of life and reduce the
Alice had suffered with numerous back problems and had decided to undergo elective surgery in order to improve her quality of life and reduce the daily pain. She has 3 children and it was important to her that she could remain active. She believed that the operation had a good chance of success when the doctor suggested it to her, as the doctor had also said that if no interventions took place, Alice's mobility would be substantially reduced over the next year or two. The operation was carried out at Winsore Hospital but sadly, as a consequence of the operation, Alice was left with some paralysis and less mobile than before the operation. However, she did experience a reduction in pain.
There is no suggestion that the operation was not carried out with due skill, but Alice claims that she was not informed of the risks of paralysis; nor were any other alternative treatments discussed. The doctor's notes show that general risks associated with surgery and anaesthetic were raised and the consent form she signed prior to the operation included reference to the risk of nerve numbness and weakness. The doctor claims that this obviously includes the risk of paralysis.
Alice seeks your advice in bringing a claim against the hospital for the consequences of the paralysis and reduced mobility. Use IPAC (Issues, Principles, Application, Conclusion) to advise her on each of the issues she will face in bringing her claim against the hospital.
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