What is medical negligence?

Medical negligence occurs when a healthcare professional or facility fails to provide a standard level of care, resulting in harm or injury to the patient. This can include misdiagnosis, surgical errors, medication mistakes or failure to properly treat a condition.

How do I know if I have a valid medical negligence case?

If you believe that you have suffered harm due to a healthcare provider's actions or inactions, it is advisable to consult with a legal expert specialising in medical negligence. They can assess the details of your situation to determine if there are grounds for a claim.

What steps should I take if I believe I've been a victim of medical negligence?

Seek medical attention for any immediate concerns, gather documentation related to your treatment, and consult with a medical negligence solicitor to discuss your options.

How long do I have to file a medical negligence claim?

The statute of limitations for filing a medical negligence claim varies by jurisdiction. It is crucial to act quickly, as there are often time limits for initiating legal proceedings.

What types of compensation can I seek in a medical negligence case?

Compensation may include medical expenses, lost wages, compensation for pain and suffering, and punitive damages in some cases.

Will pursuing a medical negligence claim affect my relationship with my healthcare provider?

Pursuing a claim shouldn't affect your ability to receive medical care in the future, as healthcare providers are typically insured for such events.

How long does it typically take to resolve a medical negligence case?

The duration varies based on the complexity of the case and whether it settles or goes to trial. It can range from several months to many years.

What evidence is needed to support a medical negligence claim?

Evidence may include medical records, expert testimony, witness statements, and documentation of the harm suffered.

Are there any risks associated with pursuing a medical negligence claim?

While there's always some level of uncertainty in legal proceedings, our experienced solicitors can help navigate potential risks and advocate for your best interests.

Medical Negligence

Spinal Injury Claims

Spinal cord injuries are a form of temporary or permanent damage to the spinal cord, which causes an individual to lose varying degrees of function and mobility.

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What are spinal cord injuries?

Spinal cord injuries are a form of temporary or permanent damage to the spinal cord, which causes an individual to lose varying degrees of function and mobility. Spinal cord injuries are typically a result of either serious trauma or disease, both of which can cause damage to the spinal vertebrae, disks, or ligaments.

On a global level, the World Health Organization has reported that between 250,000-500,000 people are affected by spinal cord injuries every year. Such injuries can have serious effects on an individual’s quality of life – meaning proper rehabilitation and support is vital.

Common types of spinal cord injury

Spinal cord injuries can be complete or incomplete. The former signifies a complete loss of movement and sensation below the injury level, whereas an incomplete injury means that some form of movement and sensation remains. The level of seriousness of the injury is usually related to how high it is on the spinal cord: the higher up on the cord, the greater the loss of function and mobility.

The result of spinal cord injuries can include:

Total paralysis affecting all limbs (Quadriplegia)
Paralysis of the lower body (Paraplegia)

Common causes of spinal cord injury

According to the Spinal Injuries Association, new estimates reveal that every year around 2,500 people in the UK are affected by a spinal cord injury. Such injury can be caused by a multitude of traumatic and non-traumatic causes. Common causes include:

Catastrophic falls
Motor vehicle accidents
Sporting injuries
Medical or surgical acts/omissions
Accidents at work
Birth injuries

A closer look at spinal cord injuries due to medical malpractice

Substandard medical care is an important negligent cause of spinal cord injury. Improper medical care can cause spinal cord injuries in the following circumstances:

Surgical errors/substandard surgical care
Delays in diagnosis/misdiagnosis of spinal conditions, such as abscesses or tumours
Incorrect chiropractic technique
Incorrect handling of a patient with a potential/suspected spinal injury
Inappropriate administration of medication in the spinal cord

These are only a few ways in which improper medical practice can cause spinal cord injuries. It is important to keep in mind that it is usually case specific and dependent on medical proof of negligence.

The road to rehabilitation

Adjusting to life after a spinal cord injury can be challenging. The rehabilitation process can include inpatient care (in hospital), but also outpatient (out of hospital) lifestyle adjustments. A crucial part of rehabilitation is learning to be able to accomplish daily tasks again, with a modified approach based on the individual’s level of mobility. This typically requires rehabilitation treatments, adaptation to the home, assistive devices catered to personal needs, as well as ongoing access to healthcare. These costs can add up and be extensive, which is why securing compensation for victims of negligent spinal cord injuries is fundamental to help support their journey to comfort and independence. In cases of proven negligence, recovery of the individual’s loss of earnings is also possible, so as to bring the individual as close as possible to the position they would have been in had the negligence not occurred.

When might you have a spinal cord injury claim?

A spinal cord injury claim can be made in a number of circumstances where it can be shown that another party has caused this injury and is at fault. For example, in the context of medical malpractice, it will be crucial to show that the physician’s care was below a reasonable standard. This would also apply to an accident at work claim where it is the duty of an employer to protect the health, safety, and welfare of their employees. It follows that if an employer has breached this duty, and their negligence was a cause of the injury, they may be liable.

It is important to keep in mind that there is generally a three-year limitation period to bring a spinal cord injury claim, beginning on the date of the injury or the date of knowledge of the injury due to negligence. If you think you may have a spinal cord injury claim, get in touch with our Medical Negligence and Personal Injury team to seek expert advice.

To find out more about our Clinical Negligence and Personal Injury team and the services we provide, visit our webpage here. If you’d like to speak to a member of the team, please submit an enquiry form.

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