Couple sues doctor for $4m after ‘devastating’ spinal surgery

A Queensland woman’s dreams to travel with her husband or even lift her grandchildren for a hug have been crushed as she was confined to a wheelchair after spinal surgery she claims went horribly wrong.

A Queensland woman’s dreams to travel with her husband or even lift her grandchildren for a hug have been crushed as she was bound to a wheelchair after spinal surgery she claims went horribly wrong.

Jennifer Arnold, from Caboolture, is now suing her surgeon for more than $3 million.

The 60-year-old said no amount of money could compensate for the physical and psychological pain she endured since a lumbar fusion on October 22, 2018.

“It is devastating to find myself in a situation where I am forced to bring a case against the very medical specialist I went to for help with a severe lower back condition,” Mrs Arnold told The Courier-Mail.

Jennifer Arnold relies on a wheelchair after spinal surgery she claims went wrong in 2018.

In a Statement of Claim filed with the Supreme Court of Queensland on April 15, Ms Arnold claimed damages for injuries she allegedly sustained during surgery at Buderim Private Hospital caused by the negligence and/or breach of contract by Dr Akil.

It’s alleged that Dr Akil, who practised with Sunshine Coast Brain and Spine, mistakenly penetrated the L4 vertebral body instead of the L4/5 disc space which resulted in the creation of a large void.

The Statement of Claim alleged Dr Akil attempted to fill the defect with bone graft material and failed to have the surgery immediately overseen by a more experienced consultant.

Ms Arnold said the symptoms she was experiencing before the operation grew worse and a second operation by Dr Akil to remove the graft material provided no relief.

Another doctor then attempted to remove the material and despite Ms Arnold reporting some relief, she claims Dr Akil’s actions resulted in several health conditions including lower limb swelling, saddle sensory loss and bowel dysfunction.

Ms Arnold claims her damages totalled more than $3 million plus interest.

“The compensation I am seeking is a fair representation of my past and future lost earnings, actual medical expenses and the physical pain, permanent impairment and mental anguish I now suffer,” Ms Arnold said.

“Although no amount of money can really compensate me for the physical and psychological suffering, I also need to make modifications to my home to allow me to function independently and care for myself.

“The compensation being sought will also help pay for my regular medical appointments going forward.”

Jennifer Arnold relies on a wheelchair and care from her husband Mark Jenkins after spinal surgery she claims went wrong in 2018.

Ms Arnold’s husband Mark Jenkins has also claimed damages of more than $1 million plus interest for loss of consortium and for a psychiatric illness he claims he suffered as a result of Dr Akil’s negligence or breach of duty.

He claims in court documents he experienced emotions of profound shock and helplessness after seeing his wife suffer.

“On Tuesday 23 October 2018 the Second Plaintiff visited the First Plaintiff at the hospital, witnessed the First Plaintiff in a state of acute distress, crying ceaselessly from the pain she was experiencing, and asking that her life be ended …” the statement of claim said.

Mr Jenkins was diagnosed with Adjustment Disorder.

The couple’s lawyer Travis Schultz said it was a “devastating case”.

“The ability to claim compensation through a private insurer rather than having to rely on the assistance of state or federal health schemes, including the NDIS or NIIS, provides far greater financial security than in circumstances like in New Zealand where those injured innocently are left at the mercy of a state run compensation scheme,” Mr Schultz said.

Avant Law, representing Dr Akil, said it was not appropriate to comment in circumstances where the matter was the subject of court proceedings. A defence is yet to be filed.

Ms Arnold said she hoped that bringing her case against Dr Akil would save someone else from finding themselves in similar circumstances in the future.