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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9680
Experience:  I have been practising for 30 years.
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Ello there, Last year I had decompression of my spine...I

Customer Question

ello there, my name is***** year I had decompression of my spine...I have had impaired mobility since..........I could walk better before the surgery, now they want to do it all over again, but I'm not sure I want to lose what little mobility they have left me if this did not go well, I need hel I don't know what to do....I have to take taxi,s every time I go out.
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Are you looking at this from a legal and clinical negligence point of view or are you looking at it from a medical point of view?

Customer: replied 1 year ago.
I DONT KNOW, but iv been in touch with CAB...SEE IF THEY CAN ADVISE...ty
Expert:  F E Smith replied 1 year ago.

I cannot comment on the medical aspect because I am not an orthopaedic surgeon. I can comment on the clinical negligence injury aspect.

If you can prove that the previous treatment was defective, then you can bring a claim for compensation in clinical negligence in respect of the symptoms which you are now suffering.

You need to ask the specific question of the surgical team, what the chances are of this going wrong and you having even less mobility than you had before. You then need to make an informed decision.

Before making any decision at all, it would certainly be worth speaking to a solicitor who deals with clinical negligence matters on a no win no fee basis to see whether they think there is a claim here to be had already.

The decision as to whether you go ahead with the surgery or not obviously has to be yours so you would want some kind of virtual guarantee that this is going to rectify any problems you had from the first surgery. I think you also need an explanation as to why, after the surgery, you are not as mobile as you were before.

Can I clarify anything for you?

Please don’t forget to rate the service positive. It is an important part of the process by which experts get paid.

It does not cost you anything but helps me greatly.

Best wishes.

FES

Expert:  F E Smith replied 1 year ago.

You might want to put a question in the medical section on this website about the treatment that you had.

Expert:  F E Smith replied 1 year ago.

I see that you have given a negative rating but I can’t see why. You have asked any follow-up questions and I have answered your question so I am not certain what it is that you want to know.

If you can please tell me what it is that you’re not happy with, there are ask for any follow-up answer, I would be happy to deal with that for you.

Customer: replied 1 year ago.
Because after cancelling , you refused to accept my cancellation ! Please STOP WRITING TO ME, N THATS WHY YOU GET A AWFUL RATING !
Expert:  F E Smith replied 1 year ago.

I have passed your comments onto admin.

F E Smith and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I want to apologise for my unruly behaviour yesterday, I have changed the rating to 5
Expert:  F E Smith replied 1 year ago.

There is no need to apologise. We all have bad days. Thank you for the five-star rating. Best wishes.

Customer: replied 1 year ago.
I'm not really any better off, CAB were not very helpful, they thinki should make a complaint,im not keen to do this ,I worked with NHS a long time and I know that you are not treated good if you "complain" anyway I'm thinking about it , I have a app in Dec to see another surgeon,thanks for all your help.
Expert:  F E Smith replied 1 year ago.

Some Citizens Advice offices are extremely good. Others, not quite so. It is the look of the draw and who you speak to.

The difficulty is that surgery doesn’t come with any kind of guarantee. It is a very difficult decision for you to make because of that unknown outcome.

You only have 3 years from any surgery to bring any claim for negligence. Hence, if you do go ahead with the second surgery, you can then decide whether you are going to move it forward as a claim or not.

Customer: replied 1 year ago.
well iv more or less decided no more surgery, yes the lady I spoke to in CAB JUST WANTED A QUICK RESPONSE.
Expert:  F E Smith replied 1 year ago.

If you decided on no surgery, then it’s worthwhile ringing round few solicitors with a view to bringing a clinical negligence claim part of which could include the cost of private treatment to rectify this if it is capable of rectification.