Spinal Injuries Caused by Medical Negligence

If you or a loved one has suffered a spinal injury or spinal cord injury as the result of medical negligence, it may be possible to pursue a claim for compensation.

At The Legal Line, our lawyers have a wealth of experience in recovering compensation for the victims of medical and surgical errors and we can provide you with expert advice. Contact us on 0800 0328511, or by completing a claim enquiry form online.

Spinal Injuries and Spinal Cord Injuries
Clinical Negligence and Spinal Injuries
Making a Clinical Negligence Claim
Spinal Injury Compensation
Our Expert Personal Injury Lawyers

Spinal Injuries and Spinal Cord Injuries

A spinal injury is an injury affecting the structures of the spine, including the spinal bones, spinal discs, spinal nerves and spinal cord.

Dependent upon the severity of the damage, a person suffering a spinal injury may be able to make a full or partial recovery, or they may be left with varying degrees of permanent disability. Spinal cord injuries are almost always very serious in nature.

Some of the problems that sufferers of spinal injuries may experience include:

• Pain
• Mobility problems
• Restricted movement
• Weakness of one or more limbs
• Loss of sensation
• Paralysis
• Partial or total loss of bladder and bowel control

A spinal injury may affect a person’s quality of life, their ability to work and their ability to live independently. They may require adaptations to their home or mobility aids and will often require specialist medical care and rehabilitation. It is therefore very important to seek the advice of a specialist lawyer if you believe you may be entitled to compensation for a spinal injury caused by medical negligence.

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Clinical Negligence and Spinal Injuries

Clinical negligence refers to instances where a patient is provided with medical care that falls below an acceptable standard. Medical and surgical errors can often result in personal injury to the patient involved and damage to the spine can occur this way. For example:

• Surgical errors – direct injuries to the spine or spinal cord can occur due to mistakes made during surgical procedures, for example spinal operations, operations on areas near to the spine, or tests such as lumbar punctures.
• Misdiagnosis – if an incorrect diagnosis is made, the patient may not receive treatment that they need to help them recover from their spinal condition and prevent it from becoming worse.
• Delayed diagnosis – if a spinal injury or condition is not diagnosed in a timely manner it may become worse unnecessarily. An example of this is cauda equina syndrome, which must be treated within around 48 hours to reduce the risk of serious, permanent damage.
• Lack of care – patients may suffer spinal injuries through falls or other accidents in hospitals or nursing homes if their care is not managed correctly. For example those who have problems with mobility or balance, elderly patients and those with cognitive or visual impairments may require special assistance to ensure that they do not come to harm unnecessarily.
• Birth injury – an incorrectly administered epidural or mismanagement of delivery may result in injury to the spine of the mother or baby.

If you suffer a spinal injury or worsening of a spinal condition due to a misdiagnosis, medical error, surgical error, birth injury, or any other medical mistake, we may be able to assist you with making a compensation claim.

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Making a Clinical Negligence Claim

Clinical negligence cases can be both lengthy and complicated. The support and assistance of an experienced personal injury lawyer is invaluable. The Legal Line's lawyers are specialists in all aspects of medical negligence and can provide expert claim advice at all stages of your case.

In every case, medical evidence will be required and it is necessary to show that the treatment you received fell below an acceptable standard (i.e. that no reasonable practitioner would have acted in the same way). You then also have to prove that as a result of the sub-standard care you suffered a spinal injury and that, if the correct treatment had been administered the outcome would have been different.

You may wish to make a complaint to the hospital or practice initially, to ensure that the matter is noted and looked into. This may prompt an explanation, or perhaps even a change in procedure to try and prevent future occurrences, however it is unlikely to result in an offer of compensation.

Your lawyer will examine the facts of your case, collate all of the necessary evidence and advise on how to proceed in order to pursue your spinal injury claim to the best possible conclusion.

You must remember that time limits apply and court proceedings have to be commenced within three years of the harm done or the date when you could reasonably have found out that things had gone wrong.

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Spinal Injury Compensation

There are two elements to a compensation award. The first, called general damages, is for the pain and suffering you suffered as a result of your spinal injury and any loss of amenity you have sustained (perhaps an inability to work, drive or play sports). The award for loss of amenity can be for the period of recovery after the medical incident or to reflect the fact you may have sustained a permanent injury. In assessing the amount of damages you should receive your lawyer will take into account the amount of awards that have been awarded in cases similar to your own.

The second element of a medical negligence compensation award is known as special damage. This is to compensate you for your financial losses and aims to put you back in the same position financially, as if the spinal injury had never occurred. It is important to keep receipts for any expenditure you have related to your injury so that these can be reclaimed.

An award in a clinical negligence case is to compensate you for the effects of negligent treatment, that you would not have had if the treatment had been a success. Awards can include a payment for loss of earnings, where someone had to take time off work to recover from their injury, or if they will be unable to return to work in the future. Pension loss can also be claimed, if an absence from work meant pension contributions could not be paid, or can not be paid in the future due to an inability to work.

You can also recover compensation for the cost of personal care at home or for residential care. Transport costs, such as a modified car, housing adaptations and equipment to assist an injured person with their mobility and rehabilitation can also be recovered, as can funding for various therapies such as physiotherapy, if medical evidence supports the need for this treatment.

If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.

As the process of making a claim can take time, it is sometimes necessary for the claimant to receive what is known as an ‘interim payment’ to tide them over financially until the case is fully settled and also to enable immediate payment for expensive healthcare or other personal help that may not be immediately available under the NHS or via Social Services. This could be to cover the short and long term costs of medical treatment or care, transport, or even to buy equipment required to adapt a home in the case of very serious injuries.

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Our Expert Personal Injury Lawyers

Our expert clinical negligence solicitors have extensive experience in recovering compensation for the victims of medical negligence and spinal injuries, including very serious injuries, so we can provide you with the best possible assistance. As spinal injuries can have a profound effect on a person’s life and they may require ongoing rehabilitation and care, it is important to seek prompt legal advice.

We can provide you with specialist advice on how to pursue your personal injury claim and collate all of the necessary evidence to achieve the best possible outcome.

For details of some of the many clinical negligence and spinal injury claims we have fought and won, see our personal injury news and client stories sections.

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