Surgery Claims

Spinal Surgery Claims

Spinal surgery can be life-changing, eliminating excruciating pain that you may have suffered from for years. However when errors occur during this type of operation, you might experience long-lasting health problems that could impact the rest of your life.

Our medical negligence lawyers are here to help you claim compensation if something went wrong during your surgery. We can help if your surgeon made mistakes during:

  • Spinal fusion surgery
  • Discectomies
  • Disc replacement surgery
  • Laminectomies
  • Aminotomies

Complications during spinal surgery can be very serious, sometimes causing irreversible damage to the spinal cord which can result in loss of sensation and even paralysis. Other problems that can occur relating to spinal operations include:

  • Unnecessary surgery due to an incorrect diagnosis of back pain
  • Delays in surgery causing further health problems
  • Operating on the wrong part of the spine
  • Anaesthesia problems
  • Errors resulting in nerve damage/damage to the spinal cord

Our solicitors have the experience and knowledge needed to get the best outcome for you. We can help you secure compensation to pay for rehabilitation.

We offer a free initial consultation to discuss your case and how we could help. Most of our medical negligence claims are funded on a No Win No Fee basis*, meaning that there are no legal fees to pay upfront.

No Win No Fee
In-depth medical knowledge
Offices across the UK
Client liaison managers to help plan your rehabilitation

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0800 121 6567

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Spinal Surgery Claims - More Information
    • What Will Happen When I Make A Claim?
    • After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

      We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame for your illness. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

      Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

      We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

      Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

    • What Can Compensation Pay For?
    • If you’ve experienced negligent spinal surgery, we can help you claim compensation. The amount that you’ll receive will depend on a number of factors including the severity of your injuries, your future care needs and whether you’ll be able to return to your job.

      We’ll collect the evidence we need to help us come to an amount of compensation we believe reflects your:

      • Pain and suffering
      • Household adaptations
      • Care and assistance
      • Loss of earnings
      • Healthcare costs
      • Rehabilitation and therapy needs
      • Expenses such as travel to and from medical appointments

      If the surgeon or organisation responsible for your negligence accepts the blame, we may be able to get you early compensation payments, often known as interim payments. This money will be taken from your final settlement and can be used to pay for ongoing care and expenses (such as travel costs).

      It can be hard to tell you exactly how much compensation you’re likely to get but we might be able to give you an estimate once we’ve collected evidence. You can be reassured that we’ll work hard to get the best outcome for you, always talking with you to understand your needs.

    • Can I Make A Claim On A No Win No Fee Basis?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.

    • What Are The Time Limits For Making A Claim?
    • You’ll normally have three years to make a claim, either from the date of the operation or from the point where it was discovered that negligent surgery was responsible for your injuries. However there are some exceptions to this rule:

      • If you suffered negligent spinal surgery before you turned 18, you can make a claim for your injuries up until your 21st birthday. Claims for children under 18 must be handled by an adult.
      • If you need to claim on behalf of someone who doesn’t have mental capacity, the three year time limit doesn’t apply. This changes if the person who experienced negligence regains mental capacity, where they will then have three years from this date to make a claim.

      It’s important to contact us as soon as possible so that we can start to investigate your case. If you’d like to make a claim, contact us today on 0800 121 6567.

    • Meet Our Experts
    • As we have the largest medical negligence team in in the country, you can be reassured that your case will be handled by a real expert in the field. We’re aware that you’re likely to be going through a hard time, so we’ll handle your case with sensitivity and understanding, making sure you’re comfortable with what’s happening.

      We see your health as a priority so we have in-house client liaison managers who can help you access the best care and support services. To make sure your recovery goes smoothly, we can put you in touch with spinal injury experts who can help plan your rehabilitation.

      We’ll never be too far away from you as we have offices across the country. Our Medical Negligence team is highly praised in leading industry guides, including the Legal 500 and Chambers & Partners. In 2015 the Legal 500 describes us as "’one of the best” and a “go to firm” while Chambers & Partners, 2016, applauded our work saying: "They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases.”

      View our medical negligence lawyers.

They were always there to answer my questions and queries when I was at my most vulnerable and they persevered to obtain the best possible result."

Lisa, client

Frequently Asked Questions

What Can Go Wrong In Spinal Fusion Surgery?

Spinal fusion surgery is used to join two or more of your vertebrae together using bone grafts or artificial screws and rods. This technique can strengthen the spine and prevent pain which can be caused by spondylolisthesis…

… (when a vertebrae slips out of place) or degenerative disc disease (discs gradually wearing down).

When errors are made during spinal fusion surgery, the results can be very painful. We might be able to help you make a claim if your surgeon:

  • Failed to prevent infection (most commonly in cases involving the insertion of rods)
  • Damaged other vertebrae or organs during surgery
  • Caused nerve damage (which can cause paralysis)
  • Incorrectly performed a bone graft
  • Made errors when inserting rods and plates
  • Didn’t recommend rehabilitation when needed after surgery

Negligent surgery can leave you with further spinal problems which may need extensive treatment to relieve the pain. We can help you secure compensation which can help pay for treatment and advice from spinal care experts, making sure you make the best recovery possible.

If you’d like to make a claim after errors during your spinal fusion surgery, contact us today on 0800 121 6567.

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What Errors Can Be Made In A Discectomy?

Discectomies are performed in order to remove the entirety or part of a herniated disk which is located between your vertebrae. This procedure can be advised to solve problems caused by damaged discs which can put pressure on the surrounding nerves and spinal cord.

Unfortunately surgeons sometimes make errors during discectomies but we’re here to help if this has happened to you. We could help you make a claim if your surgeon:

  • Severed an artery during surgery
  • Delayed surgery (this can lead to nerve compression)
  • Failed to remove the disc completely
  • Damaged the dura (outer membrane of the spinal cord)
  • Caused a nerve injury (including the sciatic nerve)
  • Didn’t refer you for necessary physiotherapy/hydrotherapy
  • Failed to advise you about post-operative care

Our lawyers have the in-depth medical knowledge needed to handle your spinal surgery claim efficiently while securing the compensation you need to look after your care needs.

To find more about making a spinal surgery claim, contact us free on 0800 121 6567.

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What Constitutes Negligence In A Laminectomy?

A laminectomy is a surgical procedure which involves removing part of the bone at the back of a vertebra (called the lamina) which opens up the centre of your spinal column. This treatment is sometimes sought to improve spinal stenosis (when the space inside the spine narrows)…

… and is also often completed alongside a discectomy.

During laminectomy procedures, the following things could go wrong:

  • Delayed surgery causing a more severe spinal fluid leak
  • Errors causing spinal nerve damage which can create weakness, pain and loss of sensation
  • Injections around the wound or vertebral bones
  • Problems with anaesthetic dosage
  • Inadequate post-operative care and advice

You’re entitled to a good quality of care and your surgeon should give you advice on what to expect during the procedure, and guidance on the recovery process. If you haven’t received a reasonable standard of care, we’re here to assist. We can help you make a claim for compensation, securing funds that recognise your unnecessary pain and suffering plus to cover any further treatment costs.

To find out more about making a claim for a poorly conducted laminectomy, contact our expert lawyers today on 0800 121 6567 to set-up a free initial consultation.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

"They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases."
We're delighted to have been named Claimant Solicitor of the Year in the 2016 Post Magazine Rehabilitation First Awards, an award we've won on seven occasions.
"'One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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We support the work of the Spinal Injuries Association.

The Spinal Injuries Association (SIA) firmly believes that you can rebuild your life after suffering from a spinal cord injury. The charity offers support to the 40,000 people in the UK who are living with spinal cord injuries.

We are proud to have sponsored the SIA’s Rebuilding Lives after Spinal Cord Injury Awards three times, acknowledging the commitment and achievements of individuals with spinal cord injuries and those who work with them.

Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

Start Your Claim Today

To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

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