A young woman who underwent two spinal fusion surgeries under the care of consultant orthopaedic surgeon John Hutchinson has received a legal settlement following years of what she has described as “pain, uncertainty and emotional strain”.
Emily Davis, now 30, has spoken out after settling her case with North Bristol NHS Trust and the private insurer of Mr Hutchinson, following concerns raised about the necessity and standard of spinal procedures carried out during her early adulthood.
The case was settled out of court, without an admission of liability. She was represented by legal experts at Thompsons Solicitors, who also represent a number of former patients of Mr Hutchinson.
Reflecting on her experience, Emily, from Bristol, said: “I was so young when this all happened to me, and my parents and I relied heavily on Mr Hutchinson's knowledge and expertise. I remember regularly going to my outpatient appointments. This man saw me through many milestones in my young life: getting my GCSEs, passing my driving test, achieving my A-Levels, and starting my first job.
“He was building trust with us all that felt like it shattered very quickly. I put my faith in him as a surgeon, believing he had my best interests at heart, and it now feels like that trust has completely broken.”
Emily began experiencing lower back pain at 12 following a fall but continued to lead an active life, particularly excelling in judo. At 16, she underwent a screw repair procedure, after which her symptoms initially improved.
Emily
However, her pain returned in her early 20s, and she was advised to undergo spinal fusion surgery under Mr Hutchinson’s care at North Bristol NHS Trust. When this failed to resolve her symptoms, she was later operated on privately by the same surgeon at Spire Bristol Hospital in 2018.
Only after seeking a second opinion did Emily learn there may have been no clear clinical justification for the first fusion surgery and that the second procedure may not have been carried out to an acceptable technical standard.
She went on to have corrective surgery by a different consultant in 2019.
“This whole experience has knocked my confidence and taken a serious toll on my mental wellbeing,” Emily said. “It’s been an emotional rollercoaster, leaving me feeling vulnerable and anxious about my health and what lies ahead.”
Thompsons Solicitors brought legal claims on behalf of Ms Davis against North Bristol NHS Trust for the NHS-based surgery and against Mr Hutchinson’s private insurer for the subsequent operation at Spire.
Independent expert evidence supported Emily’s concerns, and the case was eventually resolved out of court with no admission of liability. The settlement – a high five-figure sum – reflects not only the pain and suffering endured but also Emily’s ongoing rehabilitation needs and the broader impact on her life.
Lisa Osborne, a specialist in medical negligence at Thompsons Solicitors who represented Emily, said: “This case highlights the importance of careful clinical decision-making, particularly in young patients. Spinal fusion is a major surgery and must only be recommended when there is a clear and evidence-based clinical need.
“We believe that Emily was not given the balanced information she needed to make an informed choice, and she has suffered immensely as a result.
“We are also representing several other patients treated by Mr Hutchinson, and who have raised serious concerns about the care they received in relation to a lack of informed consent, and poorly executed procedures.”
Emily added: “This hasn’t just affected me — my family has been through so much–particularly my parents and my partner. The worry, stress, and uncertainty put a huge strain on all of us, and sometimes I felt completely overwhelmed.
“While no settlement can undo what’s happened, I hope that by speaking out, I can raise awareness and help prevent others from going through something similar. I’m incredibly grateful for the support of my loved ones and legal team throughout this ordeal. Now, I want to focus on my recovery and moving forward with my life.”
Mr Hutchinson previously held posts at North Bristol NHS Trust, Bristol Royal Children’s Hospital, and Spire Bristol Hospital.
Thompsons Solicitors continues to support other former patients of Mr Hutchinson and urges anyone who has received a letter from the NHS or Spire Healthcare to seek independent legal advice.
Lisa Osborne concluded: “Patients must be able to trust that the care they receive is appropriate, justified, and delivered with skill. Where concerns are raised, they deserve full and transparent answers. We remain committed to supporting those who believe their treatment may have fallen short.”