Spinal Surgery Claims

Discectomies are performed 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.

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.

It’s always advisable to start your spinal surgery claim as soon as possible after your operation. This makes the evidence easier to obtain, and the details will be fresher in the minds of any witnesses who can support your claim.

The time limit for making a medical negligence claim in the UK is three years. This time limit begins the date you had spinal surgery. If you found out later that your illness or injury was caused by substandard surgery, the time limit starts from the date you learnt this.

There are some exceptions to the time limit. It doesn’t apply to children under 18 years old. The time limit begins on their 18th birthday, meaning they have until their 21st birthday to make a claim.

If you’re claiming on behalf of someone without the mental capacity to make a claim by themselves, the three-year limit doesn’t apply unless they regain capacity.

Time limits differ in other countries, so if you had surgery abroad, you may not have as long to start your claim.

There’s no set compensation figure for making a spinal surgery claim. Each claim is unique, and the amount of compensation awarded is based on the circumstances and your prognosis.

The final sum awarded will consider:

• Your pain and suffering
• Loss of earnings from being unable to work
• Your future care needs
• Any adaptations or special equipment you need
• Expenses you’ve incurred due to the medical negligence you experienced.

It’s best to speak to us about what happened to you, then we can give you an estimate of how much your claim could be worth.

Compensation is calculated based on your unique situation. When you’re awarded compensation, it can be used to pay for the following:

• Any household adaptations you’ve needed
• Ongoing care and help you need
• Loss of earnings you’ve experienced
• Healthcare costs
• Your rehabilitation and therapy needs
• Expenses, such as medical and travel expenses to medical appointments.