Clinical Negligence

2. Prudence was rushed to hospital after falling from her horse and injuring her back. She reported abnormal sensation in her legs in A & E but was told to go home and rest. The abnormal sensation got worse overnight to the point at which Prudence could not feel her legs. She was admitted to hospital and diagnosed with spinal cord compression. Although she was operated on immediately to relieve the compression after the diagnosis, Prudence has reduced leg function and often has to use a wheelchair. Had she been operated on at her first attendance at hospital she would have avoided the impaired leg function on a balance of probability. Her sister Joan fell off her horse too. She injured her hip and was also admitted to hospital. The severity of her injury was not diagnosed for 3 days and she suffered avascular necrosis (death of bone tissue due to damaged blood supply) in her left hip and has been left with a permanent disability. Expert evidence is agreed that had she been treated in a timely manner she would have had a 40% chance of avoiding the disability.

Critically assess a. Whether either Prudence or Joan can bring a successful claim for clinical negligence and b. whether they should be able to do so.