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  • Spinal Surgery Claims

Spinal Surgery Claims

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Spinal surgery can be life-changing, eliminating pain that you may have had for years. However, when errors occur during this type of operation, you might experience health problems that could impact the rest of your life.

Our medical negligence lawyers are here to help you claim compensation if something went wrong during your surgery. We can help if your surgeon made mistakes during:

  • Spinal fusion surgery
  • Discectomies
  • Disc replacement surgery
  • Laminectomies
  • Aminotomies.

Complications during spinal surgery can be very serious. Negligence can cause irreversible damage to the spinal cord, which can result in loss of sensation and even paralysis. Other problems that can occur relating to spinal operations include:

  • Unnecessary surgery due to an incorrect diagnosis of back pain
  • Delays in surgery causing further health problems
  • Operating on the wrong part of the spine
  • Anaesthesia problems
  • Errors resulting in nerve damage/damage to the spinal cord.

Our solicitors have the experience and knowledge needed to get the best outcome for you. We can help you to secure compensation to pay for rehabilitation.

We offer a free initial consultation to discuss your case and how we could help. Most of our medical negligence claims are funded on a no win no fee basis. This means that there are no legal fees to pay upfront.

For a free initial consultation about making a spinal surgery claim, call us or contact us online.

Why choose Irwin Mitchell to handle your spinal surgery claim?

With the largest team of medical negligence solicitors in the UK, we’ve an unrivalled set of legal expertise to get you the compensation you deserve. In recent years, we’ve secured over £1.5 billion in compensation for our clients.

We work in a way that’s best for you. You can visit us at one of the many offices we have across the UK to have a confidential conversation with your solicitor. If you can’t travel, we can arrange to meet you at home or in hospital. We can also arrange video or phone calls if you’d rather communicate that way.

We know how vital getting the right support can be in aiding your recovery after negligent spinal surgery. Our Support and Rehabilitation team consists of trained clinical specialists who’ll assess the help you need the most. Our strong connections with charities and support groups around the UK, including Back Up Trust and the Brain and Spine Foundation, means the help will be local to you.

Once your claim’s been settled, the financial experts in our Asset Management team will be on hand to advise you on how to make your compensation work for you. They can offer advice on how you can invest your money to make it last as long as you need it to.

No Win No Fee
In-depth medical knowledge
Offices across the UK
Support and Rehabilitation Coordinators to help plan your rehabilitation

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Julianne Moore
Julianne Moore Partner Meet the team

More information on spinal surgery claims

If you’ve been injured because of spinal surgery, you may be eligible to claim compensation.

We encourage anyone who’s experienced negligent spinal surgery to get in touch with us. We’ll set up a free initial consultation with one of our legal experts, who’ll be able to advise you on whether you could make a claim.

It’s always advisable to start your spinal surgery claim as soon as possible after your operation. This makes the evidence easier to obtain, and the details will be fresher in the minds of any witnesses who can support your claim.

The time limit for making a medical negligence claim in the UK is three years. This time limit begins the date you had spinal surgery. If you found out later that your illness or injury was caused by substandard surgery, the time limit starts from the date you learnt this.

There are some exceptions to the time limit. It doesn’t apply to children under 18 years old. The time limit begins on their 18th birthday, meaning they have until their 21st birthday to make a claim.

If you’re claiming on behalf of someone without the mental capacity to make a claim by themselves, the three-year limit doesn’t apply unless they regain capacity.

Time limits differ in other countries, so if you had surgery abroad, you may not have as long to start your claim.

There’s no set compensation figure for making a spinal surgery claim. Each claim is unique, and the amount of compensation awarded is based on the circumstances and your prognosis.

The final sum awarded will consider:

  • Your pain and suffering
  • Loss of earnings from being unable to work
  • Your future care needs
  • Any adaptations or special equipment you need
  • Expenses you’ve incurred due to the medical negligence you experienced.

It’s best to speak to us about what happened to you, then we can give you an estimate of how much your claim could be worth.

Compensation is calculated based on your unique situation. When you’re awarded compensation, it can be used to pay for the following:

  • Any household adaptations you’ve needed
  • Ongoing care and help you need
  • Loss of earnings you’ve experienced
  • Healthcare costs
  • Your rehabilitation and therapy needs
  • Expenses, such as medical and travel expenses to medical appointments.

Frequently Asked Questions

What can go wrong in spinal fusion surgery?

Spinal fusion surgery is used to join two or more of your vertebrae together using bone grafts or artificial screws and rods. This technique can strengthen the spine and prevent pain which can be caused by spondylolisthesis (when a vertebrae slips out of place) or degenerative disc disease (discs gradually wearing down).

When errors are made during spinal fusion surgery, the results can be very painful. We might be able to help you make a claim if your surgeon:

  • Failed to prevent infection (most commonly in cases involving the insertion of rods)
  • Damaged other vertebrae or organs during surgery
  • Caused nerve damage (which can cause paralysis)
  • Incorrectly performed a bone graft
  • Made errors when inserting rods and plates
  • Didn’t recommend rehabilitation when needed after surgery.

What errors can be made in a discectomy?

Discectomies are performed to remove the entirety or part of a herniated disk, which is located between your vertebrae. This procedure can be advised to solve problems caused by damaged discs, which can put pressure on the surrounding nerves and spinal cord.

Unfortunately, surgeons sometimes make errors during discectomies, but we’re here to help if this has happened to you. We could help you make a claim if your surgeon:

  • Severed an artery during surgery
  • Delayed surgery (this can lead to nerve compression)
  • Failed to remove the disc completely
  • Damaged the dura (outer membrane of the spinal cord)
  • Caused a nerve injury (including the sciatic nerve)
  • Didn’t refer you for necessary physiotherapy/hydrotherapy
  • Failed to advise you about post-operative care.

Our lawyers have the in-depth medical knowledge needed to handle your spinal surgery claim efficiently while securing the compensation you need to look after your care needs.

What constitutes negligence in a laminectomy?

A laminectomy is a surgical procedure which involves removing part of the bone at the back of a vertebra (called the lamina) which opens up the centre of your spinal column. This treatment is sometimes sought to improve spinal stenosis (when the space inside the spine narrows) and is also often completed alongside a discectomy.

During laminectomy procedures, the following things could go wrong:

  • Delayed surgery causing a more severe spinal fluid leak
  • Errors causing spinal nerve damage which can create weakness, pain and loss of sensation
  • Injections around the wound or vertebral bones
  • Problems with anaesthetic dosage
  • Inadequate post-operative care and advice.

You’re entitled to a good quality of care and your surgeon should give you advice on what to expect during the procedure, and guidance on the recovery process. If you haven’t received a reasonable standard of care, we’re here to help. We can help you make a claim for compensation, securing funds that recognise your unnecessary pain, plus to cover any further treatment costs.

Read More FAQs

Related Information - Spinal Surgery Claims

Spinal Injury Claims - we can help if you’ve suffered a life-changing spinal injury in an accident that wasn’t your fault
Support and Rehabilitation Coordinators - our Support and Rehabilitation Coordinators can help you access a variety of care and support services
Rehabilitation - discover how compensation can help with your rehabilitation
Great Adaptations - find out what changes can be made to the house to help individuals with mobility issues

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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