PATIENT’S $1M CLAIM

Woman alleges spinal surgery botched

A WOMAN is suing Townsville Hospital for $ 1 million after spinal surgery allegedly went wrong.

Aitkenvale resident Rosylyn Joy Boyce, 66, underwent spinal fusion surgery to alleviate back pain after initially being told she was not suitable for the operation. Ms Boyce said during the operation she suffered a fracture at the fusion site and had experienced an increase of back pain, altered sensation in her feet, bowel and bladder dysfunction and depression.

A PATIENT is suing the Townsville Hospital and Health Service for more than a million dollars over a spinal surgery allegedly gone wrong.

Aitkenvale resident Rosylyn Joy Boyce, 66, claims that neurosurgeon Dr Laurence Marshman told her on January 5, 2015, in an initial examination that she was not suitable for spinal fusion surgery but the surgery was done anyway later that year.

A statement of claim was lodged with the Townsville Supreme Court on Monday by law firm Connolly Suthers, seeking more than $ 1 million in damages.

Ms Boyce claims that when seeking treatment for a back problem, Dr Marshman found she was not suitable for spinal fusion surgery because of the risk of stress fractures. According to the claim, she was not removed from the waiting list and was contacted for a preadmission appointment.

The claim states that when she was told she would be having spinal fusion surgery, she “assumed there had been some change or alteration in the assessment of her and that the spinal fusion surgery was applicable”.

It is then alleged that when the surgery took place on May 1, 2015, Dr Marshman “recognised the plaintiff from the January 2015 examination when he formed the opinion the spinal fusion surgery was inappropriate” but still performed the surgery.

According to the court documents, Ms Boyce suffered a fracture at the fusion site and has experienced an increase of back pain, altered sensation in her feet, bowel and bladder dysfunction and a major depressive disorder.

“She will now suffer from the physical problems … for the rest of her life which have a significant deleterious effect upon all aspects of her life,” the claim states.

According to the claim, Ms Boyce was unemployed at the time of the operation but planned to return to work. She is now be unable to work again.

Ms Boyce is seeking damages to cover future and past economic loss from not being able to work, the cost of care and assistance, medical expenses, counselling, the cost of possible hospital admission and items such as grab rails for her bathroom, a wheeled walker and a shower chair.

Townsville Hospital and Health Service acting chief executive Kieran Keyes said the hospital did not comment on matters before the court.

Ms Boyce declined to speak to the Bulletin.