Back Surgery & Spinal Surgery Claims

Each individual’s treatment for a back and spinal injury is different and can range from manipulation and medication to surgery, spinal fusion and immobilisation. Any major spinal surgery is inherently risky.


Back and spinal injury due to failures in surgical technique, poor infection control or sub-standard post-operative care are just as devastating as those caused by traumatic accidents. If you are left with pain and life-long disability due to medical negligence you have a strong case for making a claim for compensation.

Each individual’s treatment for a back and spinal injury is different and can range from manipulation and medication to surgery, spinal fusion and immobilisation. Any major spinal surgery is inherently risky.

Your surgeon must make you fully aware of what can go wrong and the possible consequences in order to get your informed consent to a procedure. If they don’t, that counts as negligence.

Even an incorrectly performed ‘minor’ procedure such as an epidural or spinal block can cause spinal injury and paralysis, which will require immediate treatment to prevent the condition getting worse. Misdiagnosis or delayed treatment of back and spinal injury can also have serious consequences.

Spinal stenosis is a debilitating condition that can be caused by trauma or infection. Failure to diagnose this condition, delays in treatment or mistakes during corrective surgery can leave victims permanently disabled. Fractures of the neck and spine can be overlooked or not diagnosed early enough and errors in handling patients with neck and back injuries can aggravate any problems.

Failure to diagnose and treat a tumour, prolapsed or herniated disc or fracture in the spine can lead to cauda equina syndrome. If these patients do not get treatment quickly, they can suffer permanent paralysis, loss of sexual, bladder and bowel function.

If you believe you have suffered any of these injuries as a result of medical negligence, you may be able to make claim for compensation.

I want to know

How do I make a back and spinal claim

Back and spinal injury claims as a result of surgical negligence are relatively rare, but when surgical error does occur it can cause many serious and often life-long injuries which must be taken into account in any damages settlement. However, the damage was caused, you have the right to make a claim for the pain and suffering you may have suffered.

First, contact Access Legal as soon as possible, as we specialise in this type of work. These cases are complex and there is a time limit (usually three years) within which you can make a claim. It is important that your lawyers have both the expertise and contacts with the appropriate spinal and back experts whose evidence will be crucial to your injury claim.

An NHS Trust or private hospital will have their own complaints procedure and a written complaint should always be considered. This will show that you tried other approaches if you later bring legal action.

Call Access Legal for a free initial consultation. We can give you objective advice about the options you should consider, no matter how severe your injuries might be. We will consider all the issues in your case alongside a range of specialist medical experts and spare no effort to recover compensation designed to help you cope with the effects of your injury.

How long will my back and spinal claim take

There is no standard timescale in any medical negligence case. It depends how serious your injuries are, how long you need to recover and whether and how quickly the other party admits liability.

We'll need access to records and evidence from independent experts to provide reports, initially to establish if there's a case to be answered. We then need to obtain evidence about your current condition and future health and what help you are likely to require on an ongoing basis.

Your personal circumstances and career prospects will dictate how long we'll need to enable us to take account of lost earnings if you cannot return to work and cost whatever help and support you may need, potentially for life. This information is vital so that all the necessary evidence is obtained to allow us to recover full compensation to which you're entitled.

The attitude of the other side also affects the time it takes to settle. Sometimes, they'll accept our evidence and valuation or they may dispute it in which case we will negotiate. The length of time spent in such negotiations can vary. It’s rare for these cases to go to trial, but some can.

We will always aim to settle your case without delay, but it’s important we take the time to achieve the best possible outcome for you so you can look to the future with more security. We will seek early part payments of compensation for you wherever we can.

If I have a back and spinal case

Establishing if you have a case for making a back and spinal injury claim as a consequence of medical negligence depends on proving that a breach of the duty owed to you by the surgeon or other medical staff directly caused you an injury.

There must be negligence in misdiagnosing your condition, failing to treat it properly or flaws in the choice of procedure itself. Once a treatment has been selected, it is essential that the surgeon answers all your questions and makes sure you are fully aware of what can go wrong, the chances of that happening and the possible consequences for you.

Alternatively, there must be fault in the way any surgical procedure was carried out which subsequently resulted in the injury. Failures and problems in post-operative care that lead to avoidable complications could also mean you could make a claim for compensation.

You will have a good case if our expert medical negligence solicitors can prove that 'on the balance of probability' (i.e. a greater than 50% likelihood) it was those failures, before, during or after back and spinal surgery that were directly responsible for the injuries and  losses you suffered as a result.

We are sensitive to your needs and will seek the best possible result for you and your family while Access Legal's network of medical experts can assist with your compensation claim and provide rehabilitation support.

More about back and spinal claims

The most common causes of spinal injuries due to clinical negligence are complications resulting from the wrong choice of procedure, inadequate surgical technique or misdiagnosis and delayed treatment.

Injuries during spinal surgery, range from failure to stabilise fractures or treat congenital disorders and slipped discs to failures in surgery to treat scoliosis (curvature of the spine). Damage doesn't only involve the spinal cord but can also include soft tissues and spinal nerves.

Problems can arise during surgery if a patient has prolonged low blood pressure. Such clinical errors and misdiagnoses can result in serious complications which can require even further extensive, and inherently risky, spinal surgery.

There are statutory time limits involved in making any back and spinal claim, so it is important you speak to us as soon as possible as we will need to gather medical evidence in support of your compensation claim. This evidence will normally come from an independent medical expert such as a neurosurgeon or orthopaedic consultant.

Making a back and spinal injury claim can be a daunting prospect because these medical negligence cases take time to establish both the nature and extent of the injuries. It also takes time to get an admission of liability by whoever was at fault. Access Legal's primary aim will be to support you and your family by getting all the help, medical treatment and rehabilitation you might need to speed up your recovery.

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Back Spinal Injury Claims

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