Spinal Surgery Compensation

Spinal surgery can be inevitable if a patient suffers from heavy back pains. In most cases this changes the patient’s life for the better but, there are rare situation in which further injuries are caused as a result of an avoidable error during or after surgery which can cause significant harm. Symptoms can sometimes be irreversible and include loss of sensation and even paralysis if the spinal cord is affected. This can have long-term negative effects on the patient’s health and affect them crucially in their everyday life. This can be the base for a claim for compensation due to medical negligence.

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In which situations might a spinal surgery claim an option?

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Avoidable medical errors relating to the spine can occur in many situations including spinal fusion surgery, discectomies, disc replacements, laminectomies and amniotomies. But there is also a number of general problems relating to spinal surgery which can cause serious harm:

  • An incorrect diagnosis leading to unnecessary or inappropriate surgery or wrong assessment of a patient’s ability to go through surgery
  • Insufficient discussion of options with patient such as alternative treatments and insufficient supply of information to the patient leading to incomplete consent to surgery
  • Delays in surgery
  • Surgical errors: surgery on the wrong part of the spine and other errors resulting in nerve damage
  • Failure to supply anaesthetics correctly
  • Failure to provide adequate postoperative case

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How can compensation be claimed?

Spinal surgery claims for compensation based on medical negligence are highly complex matters. It is therefore important to consult an experienced solicitor as early as possible. The solicitor will gather all necessary evidence to prove that a patient has been injured due to an avoidable medical error. To show that negligence is the cause of the harm suffered by the patient, they will consult medical experts and assess the scope and effects of the injury.

 

What kind of compensation can be expected?

The amount of compensation that can be claimed depends on the individual case. However, it is generally possible to claim an interim payment of compensation to pay for measures of recovery for the patient such as physical therapy. This would be feasible if the physician or hospital acknowledges their responsibility for the injury. It is also possible to obtain a form of compensation by getting a public acknowledgement from the hospital or doctor responsible.

As the costs for rehabilitation can be extensive, the compensation claim can be used to make sure the patient is able to cover these expenses. The amount will therefore also depend on how strongly the injury affects them, so if they are ever able to return to their job and what their care needs are. Compensation can therefore be claimed for:

  • pain and suffering caused by the injury
  • any necessary adaptations to the patient’s household
  • the costs of care and support, rehabilitation, therapy
  • loss of earnings

Therefore, it is advisable to consult an experienced solicitor as early as possible if there might be the possibility of a spinal surgery claim.

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