COUNTY NEWS: Paralysed Sussex father wins High Court battle
A Sussex man who was left paralysed after an operation has won a High Court battle against Brighton and Sussex University Hospitals Trust.
Phil Scudder, a 50-year-old father-of-one, was left paralysed and wheelchair bound after he underwent an operation to remove a slipped disc in Brighton in 2011.
He later began a three-year court battle against the trust. It accepted liability following High Court proceedings.
Formerly a self-employed plasterer, Mr Scudder was also an avid motorbike rider.
Mr Scudder said: “Apart from a slipped disc, I was a fit 44-year-old man with a job and hobby I loved when this happened. What should have been a routine operation turned into a nightmare which has ended my work, my hobby and led to the breakdown of a long-term relationship.”
Originally from Crowborough, Mr Scudder later lived in Ticehurst with the support of carers following his discharge from hospital.
He has now begun proceedings to claim compensation against the trust, which his lawyers say he could be millions.
During legal proceedings, Mr Scudder’s law firm argued that the surgeon carrying out the slipped disc operation used a ‘highly unusual and outdated method’. The trust says it does not accept the surgical technique was outdated or unsafe.
Mr Scudder said: “This nightmare was made much worse by the hospital trust dragging out this issue and denying that they had done anything wrong, when in fact the surgeon who performed my operation used a technique that should never have been allowed.
“I’m relieved that I persevered in getting to the truth with the help of my lawyers and that the case is now settled so that I can get on with my life.”
A spokesperson for Brighton and Sussex University Hospitals said: “The trust apologises to both Mr Scudder and his family for the failures in care relating to his surgery on July 8, 2011, and the impact this has had on his life.
“This is a tragic case with competing expert views as to the correct surgical approach. Whilst the trust accepts liability this is not on the basis that the surgical approach was incorrect.
“It is common for there to be more than one school of thought on surgical approaches and it is incorrect to suggest that the surgical technique adopted by the surgeon was unsafe, outdated or inappropriate. We very much hope that the lawyers can now work together to achieve an early resolution of the claim and settlement for damages.”
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