Spinal Injury Due to Medical Negligence

The spine is made up of 33 vertebrae which are split into different levels:

• Cervical spine, which is your neck area
• Thoracic spine, which is the main and largest area of your back
• Lumbar spine and sacrum which is the lowest area of your back

There are many discs, ligaments and muscles which protect your spinal cord. When a break, dislocation or injury in these occurs, it can damage your spinal cord and may result in paralysis, muscle weakness and altered sensations. This is because the messages that the brain would normally send down to the relevant muscles are disrupted due to the break or injury.

Types of spinal injury

There are two types of spinal injury: complete and incomplete. A complete spinal cord injury means a person has lost all sensory and motor function below the site of the spinal cord injury. Whereas, with an incomplete spinal cord injury, the person retains some function below the injury.

Common causes of spinal injuries as the result of medical negligence include:

• Delayed management of cauda equina syndrome
• Wrongly administered spinal anaesthesia and spinal nerve damage
• Misdiagnosed spinal fractures
• Spinal surgery negligence
• Failure to treat a spinal fracture
• Failure to adequately explain the risks associated with spinal surgery and provide alternative options
• Cauda equina syndrome

Cauda equina syndrome is a rare but serious neurological condition. It occurs when the nerves at the base of the spine become trapped or damaged. Cauda equina syndrome is considered a surgical emergency, so early diagnosis and treatment are vital in order to avoid lasting damage.

Client awarded £1m damages following cauda equina claim

If there’s a delay in diagnosis of cauda equina, the sufferer can be left with severe disabilities. These can include permanent incontinence in the bowel or bladder, loss of sexual function, limb weakness and inability to walk.

Most negligence claims for cauda equina and spinal injuries arise from an initial misdiagnosis of the condition, delay in diagnosis or delay in providing the correct treatment.

To start a claim for spinal injury, you can speak to a member of our Medical Negligence team, who will take details of what happened and assess whether you have grounds to claim compensation.

Once you have instructed our medical negligence solicitors, they will need to obtain evidence to prove that the injury to your spinal cord is as a result of medical negligence. Our solicitors will rely on medical records, statements from medical staff and the expertise of external experts.

To sue for a spinal injury caused by medical negligence, we will need to establish three things:

• You were owed a duty of care;
• This duty of care was breached; and
• This failure in the duty of care caused your injuries.

We will investigate your case fully to establish exactly what happened and request all available documentation from the medical authority involved, including your medical records and any incident reports they may have prepared.

We will arrange for our medical experts to examine you and prepare reports on your injuries. We will also take witness statements in support of your case.

Compensation for spinal injury negligence is divided into two categories:

• General damages
• Special damages

General damages

General damages mean payment to compensate you for your pain and suffering and for the loss of the ability to do things, known as loss of amenity.

Special damages

Special damages means compensation for the financial losses related to what has happened. This includes loss of earnings, future loss of earnings, the cost of adapting your home if this is needed, special equipment, home help, help with personal care and the cost of any medical or therapeutic care.

The compensation in respect of a hospital spinal injury claim can be substantial if the incident has left you with long-term incapacity. We can discuss your potential spinal negligence settlement with you and answer your questions about the compensation you could reasonably expect.

In certain circumstances, we can request interim payments from the health authority and their insurer to ensure that you have adequate financial support during the time that your case takes to complete.

If a medical spinal injury is not treated, it can cause permanent nerve damage and, potentially, paralysis. In the short-term, an untreated spinal injury can deteriorate as swelling and bleeding cause pressure on the nerves.

Where a spinal fracture is not diagnosed in the long-term, the spine may become deformed which can potentially cause severe pain and compression of the nerves.

You should speak to an expert medical negligence solicitor straightaway where:

• Your healthcare practitioner has failed to diagnose your spinal injury; and
• You believe that this has led to medical problems that you would not otherwise have suffered; or
• That your medical problems have been made worse because of a failure to deal appropriately with your spinal problems.

You generally have three years from the date the negligence occurred, or from when you first became aware of the spinal injury, in which to start a claim. Our medical negligence solicitors can talk you through the claims process and advise you on the relevant time limits during your initial meeting.

If a child has suffered a medical spinal injury, the three-year period starts on their 18^th birthday. If someone does not have the mental capacity to bring a claim on their own behalf, there is no time limit and they can bring a medical spinal injury claim at any stage after the incident.