If you or a member of your family has suffered a spinal injury, the results can be devastating and life changing. Some spinal injuries are of short duration and full recovery is made but in other situations, there can be paralysis leading to paraplegia or even tetraplegia depending on which part of the spine has been damaged.

There have been some famous people who have seen their careers wrecked by spinal injuries including Christopher Reeve the American actor who played superman ironically, seriously injured in a horse riding accident.

The devastation caused by these types of injuries could be even more emotionally damaging if the injury has been caused as a result of medical negligence and was avoidable if sufficient care had been taken.

Every clinician owes a duty of care to every patient. That duty of care means that they must exercise the skill appropriate to their experience and training and perform their clinical responsibilities in line with their peers. Obviously mistakes can be made but if the care falls below an acceptable standard then a claim for medical negligence may succeed.

What is a Spinal Injury?

A spinal injury is one where the structure of the spine, the bones, spinal discs, nerves and/or cord may be damaged. Depending on the severity, a full or partial recovery may be made. A spinal cord injury is usually very serious. Problems that spinal injuries can cause can include:

• restricted mobility
• Pain constant or otherwise
• weakness in the limbs
• altered or loss of sensation
• paralysis
• loss of the control of the bladder and or bowel.

Effects of a Spinal Injury

The results of a spinal injury can impact on an individuals quality of life, their career and even their ability to live an independent life. Apart from the obvious effect on their earning capacity, they may need alterations to their accommodation and mobility aids to allow them to function.

Spinal Injuries Caused by Medical Negligence

• Missed or Delayed Diagnosis. If an incorrect diagnosis is made or a decision delayed, the spinal injury can become worse and the prospects of recovery diminished. The question whether there has been an incorrect diagnosis came before the courts earlier this year when a court found that a consultant orthopaedic and spinal surgeon had not been negligent in failing to perform surgery up to five days earlier as he had considered the risks and acted on them and, although other surgeons might have acted differently, he had not made illogical decisions or departed from the standard of care considered acceptable by a responsible body of spinal surgeons.

• Surgical Errors. Regrettably errors can be made and direct injuries to the spine or spinal cord made during surgery for example where there are spinal operations or even tests such as a lumber puncture. Failure to carry out correct procedures or use of the incorrect equipment can lead to injury.

• Lack of Care. Whilst in a hospital or nursing home, following a fall. Spinal injuries may not be managed appropriately and serious injury caused.

• Injuries at Birth. Poor procedures during delivery or improperly administered epidurals can result in spinal damage to the mother or the child.

Recent Case for Compensation

In a recent case an NHS trust was found to be negligent when a surgeon failed to use the appropriate procedures during a scoliosis operation and there was a lack of spinal cord monitoring equipment available, leading to damage resulting in paraplegia.

Time Limits

There are time limits and court proceedings have to be commenced within three years of the harm done or the date when you could have reasonably to have been expected to have discovered that something had gone wrong. Children have a longer period in which to claim as the claim has to be made within three years of their attaining their majority.

How do I know if I can pursue a Spinal Injury Medical Negligence Claim?

In the first instance, you may find that a complaint to the appropriate NHS trust will lead to an apology but it is unlikely to lead to compensation.

Medical evidence will be necessary to show that the treatment you received fell below acceptable standards and that as a result you suffered a spinal injury and that if the correct treatment had been rendered then the result would have been different.

How much compensation can I expect?

This depends on the medical evidence and the extent of the injury caused by the medical negligence. There will be compensation for the injury pain and suffering and associated losses such as loss of earnings now and in the future and compensation for home alterations, adaptations to cars, mobility aids and nursing care amongst many items that can be compensated should negligence be proved.

Making a Spinal Injury Medical Negligence Compensation Claim

Medical negligence claims for spinal injuries can be very lengthy and expensive. You should therefore ensure that you have a specialist solicitor acting on your behalf.

Similar Pages

A guide to work accident injury claims

Personal injury claimant