Spinal Surgery Negligence Claims

Home Services Medical Negligence & Personal Injury Spinal Injury Claims Spinal Surgery Negligence Claims

Surgery to the spine can be undertaken for many reasons including as a result of injury or to help with medical conditions such as spinal stenosis (a narrowing of one or more of the spaces within the spine). If spinal surgery goes wrong it can have very serious consequences with damage to the spinal cord resulting in a loss of movement or sensation or a complete paralysis.

Spinal surgery mistakes can occur during procedures such as disc replacement surgery or spinal fusion surgery (where two or more vertebrae are joined together with a bone graft), for example where damage is caused to other vertebrae or organs during the procedure or a bone graft is incorrectly performed. In these circumstances there can be a claim for medical negligence.

Claims relating to spinal surgery can also arise where:

The surgery was not completed correctly, such as a disc removal (discectomy) not being finished and some disc being left in situ
The wrong area of the spine was operated on
There was an unnecessary surgical procedure due to a misdiagnosis
There was damage to nerves
There was an anaesthetic error
There was a failure to obtain proper consent for the spinal surgery
There was an unnecessary delay in performing surgery leading to a worse outcome

Negligent surgery can lead to chronic pain and further surgeries may be required.

If you or a family member is concerned about medical treatment related to spinal surgery, please contact us to discuss how we can help.

Spinal Surgery Compensation

Compensation will vary depending on the severity of the spinal injury and any resulting disability.

The first step is to consider how your spinal injury has affected your life and whether that will change in the future. We then calculate the amount of funds required to meet your additional needs and compensate you. Depending upon your circumstances, this may include funds for care, therapies, adapted accommodation and other financial losses including lost earnings.

Your claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner. Spinal injury claims can be complex. We are highly specialist in such claims and wherever possible seek to obtain funds for early rehabilitation. We work closely with leading experts to assess the strength of a case and the future needs of our clients including expert spinal surgeons, neurologists and occupational therapists.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

For further information about compensation we have secured for clients with spinal cord injuries, see cases we have acted in.

Frequently Asked Questions

How long do I have to bring a spinal surgery negligence claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period.

For adults, the usual rule is that a claim must be formally started at Court within three years of the date on which the negligence occurred, or the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later).

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?

If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.

If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, accident reports, witness statements, and expert evidence to prove that your injury was caused by negligence.

We also calculate the amount of compensation that can be claimed. Typically this involves instructing experienced experts to advise on the injured person’s needs, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer.

In some cases settlement is agreed at an early stage. In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read our Guide to Making a Claim.

Will my case be decided by the Court?

Probably not. The vast majority of personal injury and medical negligence claims are not decided by the Court.

Successful claims are usually resolved by agreement of a settlement either before or during formal Court proceedings.

Occasionally, the Court will decide a case, if it cannot be resolved any other way.

I am struggling with the effects of spinal injury. Will it take a long time before my case is concluded?

Medical negligence and personal injury claims typically involve detailed investigation and expert evidence. They often take several years to resolve.

Our approach is to seek an admission of liability (i.e. confirmation that negligence occurred and caused injury) as early as possible in the process.

When liability is established the Defendant usually has to pay part of the compensation immediately. We will adopt an assertive approach with the NHS appointed lawyers to ensure that your needs are prioritised. This allows your needs to begin to be met while the work to quantify the full amount of compensation continues.

Can I make a 'no win, no fee' spinal surgery negligence claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not usually have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

How do I access medical records?

Medical records are usually the starting point for our investigation of a claim. With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of their records themselves before deciding whether to begin a claim. Please see our Guide to Accessing Medical Records for further information on how to request records.