Spinal Surgery Claims come under the field of medical negligence which is a specialised area of personal injury law. It is imperative that you speak to a firm with experience in dealing with similar medical negligence matters. By its very nature, spinal surgery is dangerous; it is probably one of the most dangerous types of surgery there is.
Spinal surgeons are extremely experienced and highly skilled individuals. However, should something go wrong, the potential effects can be devastating. The injuries are likely to be life changing, with individuals requiring constant care and attention that could last for the rest of their life.
One potential danger or effect is nerve damage.
Although spinal surgeons are experienced and highly skilled, there is no guarantees with surgery and there are always inherent risks involved. You may be referred for spinal surgery if you are in severe pain and that pain has not improved with other treatments. Other treatment could include physiotherapy, pain management, manipulation, acupuncture etc.
Spinal surgery should not be undertaken lightly and is normally a final option should less invasive treatment prove to be unsuccessful.
There could be a number of conditions that lead to spinal surgery.
Your surgeon may use open or keyhole surgery. Open surgery normally means making a singular large cut on your back. Keyhole surgery means making (possibly several) small cuts on your back. Your surgeon will use special instruments to perform the operation.
Back pain is fairly common so it can be difficult to decide to undergo spinal surgery. Obviously due to the high risks and the potential consequences if things do not go as planned, surgery should always be a last resort.
Surgery should only be undertaken if the pain cannot be managed and other treatments have not helped. It is always your decision and it is a very difficult decision as there is never a guarantee. Some conditions such as scoliosis (curvature of the spine), spinal stenosis (narrowing of the spinal canal) could mean that surgery is necessary.
Curvature of the spine is a progressive condition meaning that, without intervention, things could get worse. Sometimes surgery is necessary despite any potential risks.
If things do not go as planned then you may be entitled to make a spinal surgery claim.
Note that you are able to claim for pain suffering and loss of amenity (this is called General Damages). You can also claim for any losses or expenses (this is called Special Damages). With serious injuries you may need to make adaptations to your home etc. We may be able to obtain an interim payment for you whilst your case is ongoing. An interim payment can be useful if you need to make adaptations to your home or if you are required to pay for additional care etc.
However, it is important to make a complaint to the NHS as quickly as possible after you realise something has gone wrong.
There are so many inherent risks of surgery, and plenty that are individual to spinal surgery. The line between what is an inherent risk and what is a mistake could prove to be very thin. Ultimately it’s difficult to make a claim if the surgery doesn’t work and you end up with something that is classified as an inherent risk. But if the surgeon has made an error, there may be a case to answer for.
Call 0800 634 7575 to get your claim started today. If you prefer, why not arrange a call back from one of our team, for FREE instant advice on whether you have a claim to make! Just fill out the quick form below and we’ll call you back at a time which suits you.
