Spinal surgery negligence: When can I make a claim?

Published - 09/08/2023

While the vast majority of spinal operations are successful, when spinal surgery fails, it can lead to an injury that can follow you throughout your life. Between 10 and 40 percent of spinal surgeries fail to varying degrees, so it is important to know what action to take in the event of spinal negligence.

We will explore common spinal surgeries and see what complications may occur. This will cover mistakes that may be made by medical professionals, and find out how you can make a negligence claim with the help of Wake Smith.

What are the most common spinal surgeries?

There are many different types of spinal surgery which you may need to undergo, depending on the reason for the surgery. Vertebroplasty may be necessary for those with a vertebrae fracture. In this procedure, a medical-grade cement substance is injected into your spine in order to ease pain and increase mobility.

In other cases, you may require spinal fusion surgery, where two or more of your vertebrae will be fused together in order to reduce deformities such as curvature of the spine, giving better mobility overall. Another type of surgery is a discectomy, where a portion of your spinal disc will be removed. This can be done for those with herniated discs, easing pressure on your spinal nerve.

In some cases, you may undergo a foraminotomy, which widens the opening in your spine if you are encountering blockages that cause pressure on your spinal nerve, resulting in spine and neck pain. Another very common type of spinal surgery is a laminectomy, wherein some or all of your vertebral bone will be removed. This surgery may be necessary if you have suffered an injury to your vertebrae, have tumours around your vertebrae, or have a herniated disc.

What complications can occur during spinal surgery?

Spinal surgery is a delicate procedure, and there are complications that may occur at the hands of even the most skilled surgeon. If your spinal surgery does go wrong, you may suffer from nerve damage which can result in issues with your mobility, pain, and impact your daily function - or reduce your overall flexibility. In extreme circumstances, this might even lead to paralysis of your upper or lower body, which may be helped with physical therapy or could be permanent.

You may also encounter infection if the surgery is performed in a less sterile environment, which can lead to further issues throughout your body and, in the worst cases, can lead to organ failure.

If you believe you have been the victim of medical negligence, do not hesitate to contact our experienced solicitors today.

What errors can medical professionals make during spinal surgery?

Medical professionals do sometimes make errors during spinal surgery which can lead to complications that can impact the success of your surgery. If you are seeking to make a claim for negligence during spinal surgery, there are various mistakes to be aware of. For instance, surgeons could leave foreign objects in the body which may lead to internal bleeding or infections.

In some cases, you may find that you have had surgery performed unnecessarily, which can lead to issues with your mobility and pain, or you may have the wrong kind of surgery performed for your specific spinal problem. There might be anaesthesia problems during the surgery itself, or if your surgery is delayed, this can also be considered negligence. This is because your condition is likely to worsen during the wait for surgery.

The follow up to surgery is also important. It is possible that nerves may be affected and it is crucial that the medical staff check if this has happened in the hours after surgery. Conditions such as Cauda Equina may result and if this is not treated as soon as possible it may result in permanent nerve damage possibly affecting bowel and bladder function.

You can find out more about medical negligence and the work we do on our website.

How can I sue and claim compensation for spinal surgery negligence?

If you have undergone spinal surgery that has resulted in a negative outcome, you may believe that you have been the victim of spinal surgery negligence.

You should ensure that you seek legal advice from a qualified clinical negligence solicitor who can help through the next steps of the compensation process.

How can a clinical negligence solicitor help me?

When you speak to a clinical negligence solicitor, they will be able to help you to make a valid claim against a medical professional. Your solicitor will help you to analyse your evidence and build your case, giving you an honest assessment of how likely it is that you will be successful. They will also give you an idea of what kind of compensation you can expect, and whether this is likely to be settled out of court or not.

How Wake Smith can help

Wake Smith's solicitors are skilled at supporting those who have suffered from medical negligence. We will help you to gather and analyse the appropriate evidence, and we will approach the medical body to discuss your case.

In most cases, medical negligence claims are settled out of court (if the medical body accepts liability), but if this is not applicable, we will also be able to support you throughout your case. Get in touch with us via our contact page to discuss your spinal injury compensation claim in more detail.

Common Queries

How much could I claim for spinal surgery negligence?

The amount of compensation claimed for spinal surgery negligence is highly dependent on the severity of the spinal injury and its impact on your life. For a severe outcome such as paralysis, the claim may be a low six-figure sum.

How long do medical negligence claims take to settle?

The amount of time it takes to settle a medical negligence claim can vary based on a number of factors. The most prevalent factor is whether or not the professional or medical body accepts liability. If liability is admitted, then a case can take twelve months or less. However, if liability is not accepted, then the case can take much longer.

How long do I have to sue a medical professional?

In most cases, there is a time limit of three years after you have received treatment in which you can bring a compensation claim against a medical professional but we would advise that you speak to a specialist solicitor at Wake Smith about this.

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