Have you undergone a spinal surgery that went wrong? Are you wondering whether you could have a basis for a hospital negligence claim? Our guide aims to discuss what the average compensation payouts may look like in cases of spinal surgery negligence.
We’ll explain how medical negligence compensation could be awarded in the event of a successful claim and what factors will go into deciding a settlement.
We will also discuss how you may be eligible to claim for a spinal surgery that went wrong. To help illustrate this, we provide a few examples how this could happen. This is followed by a look at what impact this could have on a patient.
If you are reading this guide, you might like to know more about the medical negligence claims process. This guide looks at examples of evidence that could help your claim as well as what time limits could apply.
You don’t have to claim alone. Legal support is available on a No Win No Fee basis to those with valid reasons to seek compensation. This guide provides a breakdown of what No Win No Fee actually means. Following this, we look at what services our No Win No Fee solicitors could provide.
Contact Us
If you have any questions about launching a claim for surgical negligence, our advisors are on hand. They can also help value your claim, discuss useful evidence you might already have, and provide a free eligibility assessment. You can:
- Call us on 03301230546.
- Claim online by filling out our contact us form.
Select A Section
- Average Spinal Surgery Compensation Amounts
- Am I Eligible To Claim For Spinal Surgery Negligence?
- How Spinal Surgery Negligence Happens
- The Impact Of Negligent Spinal Surgery On Patients
- How To Make A Spinal Surgery Claim
- How Our No Win No Fee Solicitors Can Help With Your Claim
- More Information
Average Spinal Surgery Compensation Amounts
The average amount for spinal surgery compensation would be calculated by adding all awards together and dividing them by the number of claimants. The amount that could be awarded for spinal injury resulting in paraplegia could be between £267,340 and £346,890. However, this figure is taken from the Judicial College Guidelines (JCG), which only offers suggestive amounts.
Professionals refer to the JCG as framework when deciding on your compensation amount.
Please see the table below for compensation amounts you might be eligible to claim as part of your spinal surgery negligence claim. Please note that the first entry has not been taken from the JCG, and these figures are guideline amounts.
| Injury | Notes | Compensation guideline |
|---|---|---|
| Multiple Severe Injuries plus Special Damages | Multiple severe injuries such as paraplegia and psychological injury. Special damages includes financial losses such as loss of earning potential. | Up to £1,000,000+ |
| Tetraplegia/Quadriplegia | At the top end of this bracket would include cases where physical pain is present or a significant effect on senses or ability to communicate. These cases involve significant brain damage. | £396,140 to £493,000 |
| Paraplegia | The level of compensation amount in this bracket will be affected by: 1. The presence and extent of pain 2. Age and Life expectancy | £267,340 to £346,890 |
| Moderately Severe Brain Damage | Severe disability present plus substantial dependency on others for care. Awards will be affected by the following: 1. Ability to communicate 2. Degree of dependence on others | £267,340 to £344,150 |
| Severe (i) Back Injury | Most serious back injury with spinal damage and nerve damage present. Severe pain and a level of disability would be present here. | £111,150 to £196,450 |
| Severe (ii) Back Injury | Cases including nerve root damage, including a loss of sensation, restricted mobility, impact on bladder, bowel and sexual function. | £90,510 to £107,910 |
| Severe (iii) Back Injury | Cases in this bracket will include disc lesions, fractures of discs or vertebral bodies. Risks of arthritis, impaired sexual function, and continuing pain. | £47,320 to £85,100 |
| Moderate (i) Back Injury | There's some residual disability, but it is less severe than in more serious cases. This bracket includes substantial risk of osteoarthritis and constant pain. | £33,880 to £47,320 |
| Moderate (ii) Back Injury | This bracket includes ligament and muscles disturbance leading to backache, prolonged acceleration or exacerbation of a pre-existing back problem or prolapsed discs. | £15,260 to £33,880 |
| Minor (i) Back Injury | A full recovery is expected to take place without surgery in 2-5 years. | £9,630 to £15,260 |
How Your Compensation Is Calculated
Your compensation is calculated based on the severity of your injuries. Professionals will also make reference to similar previous cases to get an idea of what compensation you might receive.
When claiming for a spinal surgery negligence case, you may be eligible to claim two different heads. These are known as general and special damages. This will also be used to determine how much compensation you could claim.
General damages are based on the pain and suffering you have endured as a result of your injury. It also accounts for any loss of amenity and considers the wider impact the injury has had on your life. For example, if your spinal surgery negligence has resulted in paralysis, general damages would take this into consideration.
Special Damages In Hospital Negligence Claims
Special damages in hospital negligence claims refer to any financial losses you may have incurred as a result of your injury. If your spinal surgery negligence has meant you are unable to work, special damages consider loss of earnings. This head of compensation also includes:
- Travel costs.
- Adjustments to your home or vehicle.
- Medical expenses.
- Nursing care.
- Home help, including carers, childminders and cleaners.
- Mobility items and items to help cope with your injury, such as a wheelchair and/or specialist mattress.
If your spinal surgery injury has meant you have financially suffered, contact us today to see how we can help you.
Am I Eligible To Claim For Spinal Surgery Negligence?
In order for you to be eligible to claim spinal surgery negligence, it must be proven that medical negligence occurred.
For medical negligence to be proved, it must be established that:
- A medical professional owed you a duty of care.
- They breached this duty.
- The breach caused your injuries.
All medical professionals who treat you owe you a duty of care. This duty is to provide you with a standard of care that is reasonably expected of them. If they fail to reach this standard, they may have been acting negligently.
For example, the Royal College of Nursing outlines guidance for nurses and states that they must provide a high standard of care and medical practice at all times. The General Medical Council is another framework which outlines the duties of doctors.
If you have any questions about the care you received in hospital, or if you believe you were treated with a substandard level of care during your spinal surgery, call us to see how we can help.
How Spinal Surgery Negligence Happens
Spinal surgery negligence can happen in a number of different situations. All operations in the hospital pose a risk of surgical errors and infection. You are at risk during the pre-operative, surgical, and aftercare stages of the process.
- During the pre-operative checks, if the doctor fails to confirm where your surgery is taking place, this may cause a surgical error to occur, meaning the surgeon operates on the wrong part of your spine. What this would mean is your initial issue has not been treated effectively, and you may require a second surgery, posing a risk of further injury.
- Another example of how spinal surgery negligence can happen is if you are administered too much anaesthetic, resulting in brain damage.
- Alternatively, if you are not administered enough anaesthetic, you may have suffered severe Post Traumatic Stress Disorder (PTSD) as a result.
- You may have suffered a misdiagnosis, which led to an unnecessary surgical procedure.
These are not the only ways in which spinal surgery negligence can happen, so if you are unsure if you have suffered spinal surgery negligence, contact us today to see how our advisors could help you determine this.
The Impact Of Negligent Spinal Surgery On Patients
Your negligent spinal surgery can have severe impacts on the rest of your life. You may now have to use a wheelchair in your daily life, or you might need occupational therapy to help you regain the ability to perform everyday tasks like walking or talking.
Not only can your spinal injury negligence cause physical impacts like chronic pain, it can also have caused psychological impacts such as severe PTSD, especially if your surgery has left you paralysed or you have recollection of your surgery.
Your spinal surgery negligence may have also caused:
- Nerve damage after surgery.
- Cauda equina sydrome.
- Incontinence or loss of bladder, bowel or sexual function.
- Sepsis – if you develop an infection in the hospital.
- MRSA or another hospital acquired infection.
We understand that the impact of negligent spinal surgery can be detrimental emotionally and physically. Every case of medical negligence looks different, as does the recovery stage for each case. We can help you figure out the best steps to help you recover as quickly as possible.
Our team work alongside medical professionals such as physical therapists who could aid you in your rehabilitation and help you in the process of regaining health. Contact us today to see how we could help you.
How To Make A Spinal Surgery Claim
You can start your claim with one of our advisors by calling us. The first stage is discussing the particulars of your case, for example, how you believe you have been injured, a timeline of events and how your injury has affected you.
We advise starting your claim as early as possible to ensure that you are within the permitted time limit. It also gives your legal team more time to gather supporting evidence.
Gather Supporting Evidence
For a claim of spinal surgery negligence, you will need evidence. This can be documentation that helps demonstrate why negligence caused the injury you suffered. Evidence helps your legal team to prove the strength of your claim and gives you a stronger chance of success.
Examples of the type of evidence you will need in a medical negligence claim include:
- Medical records, such as operation appointment time and date or NHS medical records.
- Independent medical opinions – expert opinions on your injuries can help to highlight how you suffered a negligent spinal surgery.
- Photographs or X-rays of the injuries sustained (where possible).
- Witness details – for your No Win No Fee solicitor to get a statement at a later date.
- Copies of correspondence between yourself and the doctor or hospital, for example, if you made a complaint and received a response (or no response).
If you have any questions about what evidence you may need, contact us today to see how we could help.
How Long You Have To Begin A Claim
You have 3 years to start your claim for spinal surgery negligence. This is in accordance with the Limitation Act 1980, which sets a time limit on all medical negligence claims.
There are exceptions to this time limit, so if you aren’t sure if your claim would fall within the time limit permitted by law, contact us today to see how we could help.
Considering A No Win No Fee Agreement
A No Win No Fee Agreement could benefit you for a number of reasons. If you choose to work with one of our solicitors, they work on what is known as a Conditional Fee Agreement. What this means is you would not be expected to pay for their fees upfront. Rather, a success fee would be deducted from your compensation at the end of your claim, and this fee is a legally capped percentage in line with the Conditional Fee Agreements Order 2013. Furthermore, you do not pay this fee if you are not successful with your claim.
How Our No Win No Fee Solicitors Can Help With Your Claim
Our solicitors have years of experience advocating for people who have suffered because of medical negligence. A No Win No Fee solicitor could help you with the process of claiming, such as:
- Explaining legal jargon.
- Explain what your legal rights are.
- Gathering evidence.
- Negotiate on your behalf.
- Help with claim valuation.
- Ensure your claim is brought within the time limit.
If you choose to work with our specialist solicitors, they will keep you updated throughout the process and do all they can to best understand and represent you.
Contact Us
If you would like to know if you could be eligible to start a spinal surgical negligence claim, contact us today and one of our friendly advisors will be able to assist.
- Call us on 03301230546.
- Claim online by filling out our contact us form.
More Information
For more information, read our guides on:
- Birth injury claims.
- How to make a fatal medical negligence claim.
- How to claim against the NHS for medical negligence.
- What to do if you have experienced doctor negligence.
Helpful External Resources
We have included a few useful resources which may help you,
- NHS guidance on the recovery stage and how to return to normal life.
- A government overview of claiming Statutory Sick Pay if you require time away from work to recover.
- NHS suggestions on how to deal with back pain.
We hope that our guide on spinal surgery negligence has been useful for you today.