Medical Spinal Injury Claims
If you have suffered damage to your spine that was caused by the negligence of a medical professional, our solicitors can help you. JMW Solicitors has years of experience in helping people to make medical spinal injury claims, and we are ready to help you claim the compensation you require to rebuild your life.
We understand the long-term impact that negligent care for spinal conditions can have on your life, and the importance of securing compensation to cover the cost of areas such as adapted houses and lost earnings. We will work with you to give you the best possible chance of success, providing compassionate and comprehensive legal advice throughout the spinal injury compensation claim process.
If you have experienced spinal injury medical negligence, get in touch with our specialist solicitors today by calling 0345 872 6666, or complete our online enquiry form to request a call back. We will be able to handle your hospital spinal injury claim on a no win, no fee basis.
What Our Clients Say
How JMW Can Help
If your spinal injury was caused by the negligence of a medical professional, our specialist spinal injury solicitors can build a strong legal case to help you claim the compensation you deserve. We have many years of experience in handling claims relating to substandard surgery, failure to promptly diagnose and treat medical conditions, or failure to obtain informed consent from patients. We have also helped people who were given inadequate advice and information about a particular type of treatment or procedure.
The medical negligence team at JMW is highly regarded throughout the UK, and includes members of the Action against Medical Accidents (AvMA) solicitors panel and the Law Society's specialist panel for clinical negligence. As such, you can rest assured that you are receiving legal advice of the highest standard.
Our solicitors have many decades of experience in claims against the NHS and private healthcare providers on behalf of clients who have suffered because of medical negligence.
What are the types of spinal injuries caused by medical negligence?
There are a number of ways in which mistakes made by medical professionals can result in potentially life-changing spinal cord injuries. Some of the most common examples include:
- Surgical errors - these can occur during any type of surgery that involves the spine, such as back surgery, spinal fusion or disc replacement, while lumbar punctures and epidural injections also carry a risk of injury to the spine if not performed correctly. Errors can include incorrect surgical technique, damage to the spinal cord or nerves, or failure to recognise and repair damage caused during surgery.
- Misdiagnosis or delayed diagnosis - conditions such as cauda equina syndrome, spinal abscesses or spinal tumours require prompt diagnosis and treatment to prevent permanent damage. If a healthcare professional fails to diagnose these conditions in a timely manner, it can lead to serious spinal injuries.
- Anaesthetic errors - if an anaesthetist incorrectly administers a spinal or epidural anaesthetic, it can result in nerve damage and potentially cause paralysis or chronic pain.
- Failure to obtain informed consent - if a healthcare professional fails to fully inform a patient of the risks associated with a particular treatment or procedure, and the patient suffers a spinal injury, this could be considered medical negligence.
- Failure to treat - if a healthcare professional fails to provide appropriate treatment for a spinal condition, and this results in further injury or harm, this could also be considered negligence.
No matter what the specific cause of your spinal cord injury may be, all of these injuries can have severe and life-changing neurological and physical consequences, including chronic pain, loss of mobility and paralysis. If you believe you have suffered a spinal injury due to medical negligence, it is important to consult with a legal professional who specialises in spinal injury claims to see if you have a case to claim compensation.
What is the process of making a claim for spinal injuries due to medical negligence?
Making a medical negligence claim for spinal injuries typically involves the following steps:
- Contact JMW for a free initial consultation. During this session, we will discuss the circumstances of your case, the harm you believe you have suffered, and any evidence you may already have, so that we can advise you on whether we think you have grounds to bring a claim.
- If you decide to proceed, we will begin an investigation. This typically involves gathering evidence, obtaining your medical records, and identifying the healthcare professionals involved. We will also consult with medical experts to get an independent assessment of whether the standard of care you received was acceptable.
- Once we have assembled a strong case, your solicitor will send a Letter of Claim to the healthcare organisation responsible. This letter outlines the details of your case, the negligence you believe occurred, and the impact it has had on your life.
- The defendant will have four months to either admit or deny liability. If they admit liability, we can negotiate a settlement; if not, we may need to gather further evidence to support your claim.
- If a settlement cannot be reached, your solicitor may recommend issuing court proceedings. Even if this happens, it is still very unlikely that the case will not settle before the need for a trial before a judge. Throughout this process, the team at JMW will guide you, keep you informed, and represent your best interests. Our aim is always to secure the maximum compensation for you, while minimising the stress and disruption to your life.
By speaking to our expert solicitors, we can help you to work out what the next steps will be. We will guide and support you at every step of the spinal injury claims process, keeping you informed on the latest developments and working to secure the maximum possible compensation for you, while minimising any disruption to your life.
At JMW, we handle spinal injury compensation claims on a no win, no fee basis, which means you will only need to pay legal fees if your claim is successful. If the case is successful, the majority of your legal fees are paid by the other side; only a capped amount will be left to be paid from your compensation, which will be discussed with you in advance.
We will also work to secure interim payments wherever possible to help pay for any immediate care you require while your spinal injury case is being resolved.
FAQs About Spinal Injury Medical Negligence
How much compensation can I get for a medical spinal injury claim?
The amount of compensation you can receive for a medical spinal injury claim depends on a variety of factors. Each case is unique, and the amount of compensation awarded will reflect the specific circumstances of your case. Here are some of the factors that will be taken into account:
- Severity of the injury - the more severe the injury, the higher the compensation. For example, a spinal injury resulting in the patient losing mobility or being unable to return to work may receive more compensation than a case where the impact on the patient’s life is not as significant.
- Pain and suffering - this includes both physical pain and emotional distress. Chronic pain, long-term disability and emotional trauma can significantly increase the amount of compensation.
- Loss of earnings - if your injury has affected your ability to work, either temporarily or permanently, you can claim for loss of earnings. This includes both past and future loss of earnings.
- Medical expenses - you can claim for any medical expenses you have incurred as a result of the injury. This includes the cost of private medical treatment, prescribed medication, surgery and rehabilitation.
- Care and assistance - if you require help with daily tasks or personal care, you can claim for the cost of this ongoing specialist care. This includes both professional care and care provided by family members.
- Adaptations to your home - if your injury requires you to make adaptations to your home, such as installing a stairlift or wheelchair ramps, you can claim for these costs.
- Quality of life - if you have a serious injury that has a significant impact on your quality of life - for example, if you can no longer participate in hobbies or activities you once enjoyed - this will also be taken into account.
Given the complexity of calculating compensation, it is vital to consult the experienced spinal injury lawyers at JMW, who can provide a more accurate estimate based on the specifics of your case.
What is the time limit for filing a claim for spinal injuries due to medical negligence?
The general rule for medical negligence claims, including those for spinal injuries, is that you will have three years from the date of the incident to make a claim, or from the date you became aware of the negligence. This is known as the 'limitation period'.
There are a handful of exceptions to this rule:
- For children under 18, the three-year limitation period does not start until their 18th birthday, and their parents or guardians can make a claim on their behalf at any time until the child turns 18.
- For adults who lack mental capacity to make a claim themselves, there is no time limit to make a claim on their behalf.
- If someone has died as a result of medical negligence, the family has three years from the date of death - or the date of the post-mortem results that revealed the negligence - to make a claim.
In some exceptional cases, the court may decide to extend the limitation period, but this is incredibly rare. As such, if you plan to make a spinal injury claim, it is highly advised that you seek legal advice as soon as possible to ensure that you do not miss the limitation date.
How long does it typically take to resolve a claim for spinal injuries caused by medical negligence?
The length of time it takes to resolve a claim for spinal injuries caused by medical negligence can vary widely. It depends on many factors, including the complexity of the case, the severity of the injuries, and whether the other party admits liability.
Some cases can be resolved in a few months, while others, particularly complex cases, can take several years. Speak to your solicitor for a more accurate timeline, based on the specifics of your case.