Spinal Surgery Negligence Claims Solicitors

What types of spinal surgery can I claim compensation for?

Compensation for negligent spinal surgery can be made for any errors made during your care, including before, during and after your surgery.

The most common types of negligence we see in relation to spinal surgery procedures include:

• Misdiagnosis leading to an unnecessary spinal surgical procedure
• Delayed diagnosis for a spinal surgical procedure
• The surgery was completed incorrectly
• The surgery was performed on the wrong part of the spine
• The surgical procedure was the wrong type of surgery required
• Errors made during surgery that led to further damage
• The surgery caused nerve damage in the spine
• Scarring left by surgery
• Foreign objects left in the body, leading to never events
• The patient was administered the wrong amount of anaesthetic
• Equipment failure during the surgery
• Infections caused by poor levels of sterilisation during surgery, including sepsis
• Blood contaminations
• Medication errors following surgery
• Inadequate post-surgery care, including infections
• Providing insufficient information to the patient about the risks of surgery
• Making inadequate checks for the patient’s suitability for the surgery
• Failure to obtain informed consent for the surgical procedure

Additionally, we see surgical errors made in specific types of spinal surgery, including:

Spinal fusion surgical negligence

Spinal fusion surgery involves joining two or more vertebrae together using bone grafts, screws or rods. This is done to strengthen or stabilise the spine when movement between the vertebrae is causing pain.

Laminectomy surgical negligence

A laminectomy is a type of lumbar decompression surgery used when nerves in the lower back are compressed. A small section of bone is removed from the affected vertebra to relieve pressure on the nerve.

Discectomy negligence

A discectomy is the removal of part or all of a damaged, bulging or ‘slipped’ disc that is pressing on a nerve.

Vertebroplasty and kyphoplasty negligence

Vertebroplasty and kyphoplasty are procedures performed when a vertebra fractures and collapses. Both involve injecting a special cement into the bone to relieve pain and stabilise the spine. In vertebroplasty, the cement is injected directly, whereas in kyphoplasty, a balloon is used to create space before the cement is added.

How much compensation can I claim for negligent spinal surgery?

The amount of compensation you can claim for spinal surgical negligence will depend on how severely the treatment you received has impacted your life.

In most cases, compensation amounts are higher the more severe your injury is and the long-term implications it may have on your life.

The level of compensation you may receive will depend on several factors, including:

• The severity and type of injury you have suffered due to the spinal surgical errors
• The level of pain and suffering you have experienced and may continue to experience
• Your medical costs to date, and the cost of ongoing medical treatment, and the care you may need
• Your loss of earnings, including future earnings
• The unique circumstances of your case.

The intention of awarding financial compensation is to put the claimant back in the position they would have been in had the negligence never occurred. It is not to punish the healthcare provider.

How is compensation calculated for a spinal surgical negligence claim?

Compensation amounts for spinal surgical negligence are calculated by combining the compensation you may be legally entitled to for both general and special damages.

General damages amounts relate to the pain and suffering you may have experienced, while special damages relate to the effects the injuries may have on your life.

The Judicial College Guidelines from the Ministry of Justice provide guidance on the amount of compensation you can claim for general damages.

In contrast, special damages are awarded for any reasonable financial losses or “out-of-pocket” expenses directly related to your injuries.

Compensation for special damages is particularly significant for those with more severe conditions, as they may need extended medical assistance, specialist equipment and adaptations to their home.

Claims for special damages could include, but may not be limited to:

• Any loss of income or pension
• Any costs associated with your rehabilitation or ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred

What is the time limit to make a spinal surgery negligence claim?

You have up to three years to start your claim from the date of the surgical procedure, or when you first became aware that errors during your surgery caused your injury or illness or negatively impacted an existing condition.

However, there are some exceptions to the three-year limit. These include:

If a child suffered medical negligence, they have up to three years from the date of their 18th birthday to start a claim.

If a person is unable to claim due to limited mental capacity, the three-year time limit does not apply and may only start if their condition improves to a point where they can claim for themselves.

The three-year time limit to claim compensation is known as the statute of limitations. It applies to all types of medical negligence claims.

We recommend that you start your spinal surgery compensation claim as soon as possible, as this can help us collect all the evidence we need to present the strongest case.

What do I need to prove when making a spinal surgical negligence claim?

To successfully claim for spinal surgical errors, you will need to prove that the medical professionals involved in your spinal surgery breached their duty of care and that this caused your injury or illness.

To do this, our medical negligence solicitors will examine four key areas relating to the medical care you received relating to your operation.

Duty of care

All healthcare professionals are legally required to provide a “reasonable” level of care to their patients. The first step is to discover if the level of care you received fell below the accepted standard.

Breach of duty

Proving that the surgeon or medical professional failed to provide the legally required level of duty of care.

Causation

Proving that the actions of the surgeon or healthcare professional were the cause of your condition or injury.

Damages

Providing evidence that the negligence has negatively affected your life.

What information do I need to provide to start a spinal surgical negligence claim?

While discussing your claim with our specialist medical negligence solicitors, we will ask for information you can provide to support your case.

Don’t worry if you don’t have all of this information. Our experienced solicitors can collect this information on your behalf.

Such information may include, but isn’t limited to:

Your medical records

We will build a comprehensive file including all records of treatment you received leading up to and including your operation.

A statement from yourself

The more information you can provide, the better we can advise you of your rights and build the most compelling case on your behalf. Typically, such information includes a timeline of your medical appointments, your experiences, and the impact of the care you received.

As your legal representative, we will combine this information with that from independent medical experts and build the strongest case possible to secure the maximum compensation you are legally entitled to.

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

Yes, you can make a no win no fee claim if you have suffered following a spinal surgery procedure. Our medical negligence solicitors provide our legal services on a no win no fee basis, which means you can claim with the peace of mind that you are at no financial risk if your claim is unsuccessful.

No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to your claim. These costs could include legal fees, medical reports, court costs, and other expenses.

Our solicitors will explain how the policy works and what fee may be paid if your claim is successful.

How long does a spinal surgery negligence claim take?

The amount of time your claim may take to settle will depend on how complex the case is.

The length of time a claim may take will depend on how quickly liability can be established and how quickly a compensation amount can be agreed.

Our specialist medical negligence solicitors will be able to advise how long your claim may take once they investigate the specifics of your claim.

Can I claim for negligent spinal surgery on behalf of someone else?

Yes, you can claim on behalf of someone else. The most common examples include:

Claiming for a child

Children cannot legally claim themselves until they reach the age of 18. Commonly known as a “litigation friend,” a parent or legal guardian can claim on their behalf. As a litigation friend, the person has a legal duty to act in the best interests of the person for whom they are claiming.

Claiming on behalf of someone with diminished mental capacity.

If the person who has been a victim of medical negligence lacks the mental capacity to claim, you may be able to claim on their behalf as a litigation friend.

Why choose Wolferstans to represent you for your spinal surgical negligence claim?

Our team of dedicated specialist medical negligence solicitors has decades of experience helping clients claim compensation even in the most challenging circumstances.

With a proven track record of successful claims, often achieved without the need for you to attend court, we can make claiming medical negligence compensation as simple and effective as possible.

Wolferstans is Lexcel accredited by the Law Society, reflecting the excellence of our practice management and client care. We are also accredited by the Law Society for Clinical Negligence in recognition of the particular strength of our work in this area.

Our team includes members of a wide range of organisations related to their specific expertise in the area of medical negligence, including:

The Spinal Injuries Association
The Brain Injury Group
APIL (Association of Personal Injury Lawyers)
AvMA (Association Against Medical Accidents)
Specific team members have been accredited by the Law Society, AvMA, and APIL as Clinical Negligence Specialists and by APIL as Brain Injury Specialists.