In the UK, there are an estimated 40,000 people suffering spinal injuries each year and over 1,200 people have become paralysed due to spinal damage. Generally, spinal injury can be either caused by traumatic incidents (e.g. road traffic accident) or non-traumatic incidents (i.e. medical negligence).
Spinal injury in medical negligence is usually due to an individual who suffers an avoidable spinal injury due to the negligence of the healthcare providers. It can arise from a variety of negligence including:
- Delay in diagnosis;
- Surgical mistakes; and/or
- Improper treatment for spinal fractures
Delay in diagnosis
A failure to diagnose spinal injury in a timely manner can lead to severe complications if untreated. For instance, if Cauda Equina Syndrome (CES) is not treated promptly, it can lead to permanent nerve damage including paralysis and loss of bladder/bowel control which would have a negative impact on the individual’s recovery and quality of life.
In between 1st January 2009 and 31st December 2019, NHS Resolution received 232 claims in relation to a delay in diagnosis of spinal infection - out of these 232 claims, 85 were settled with damages paid, 43 were rejected and 104 were still in the process of investigation.
The reasons for missed diagnosis of spinal infection could be due to the vague or non-specific symptoms because fever, spinal pain and neurological deficits are not the sensitive markers for spinal infections and the neurological deficits only occur in one-third of the spinal infection cases.
The delay in diagnosis of spinal infection can lead to severe consequences including neurological deficits and increased morbidity such as extensive infections and greater tissue damage and, in some cases, permanent disability.
Surgical mistakes
Spinal surgery claims often arise when an individual suffers avoidable harm due to errors made before, during or after the spinal procedure. This could be attributed to the incorrect technique of the surgeon, nerve damage during surgery or incorrect implant replacement. The errors can lead to severe impact on the individual’s mobility, quality of life and mental health.
As a result of nerve damage, some individuals will suffer chronic pain, paralysis and loss of motor function. They may struggle to walk, stand and coordinate due to neurological damage and instability in the spine. An extensive care and management regime may be required for the chronic pain and paralysis, which can range from paraplegia (loss of movement and sensation in the legs) to quadriplegia (loss of movement and sensation in all limbs), depending on the location and severity of the spinal cord injury.
Spinal injuries also can have psychological effects on the individuals including anxiety, depression and frustration due to the sudden loss of mobility and amenity.
Incorrect implant replacement in spinal cord can arise from errors in implant selection, sizing and positioning during the spinal procedure. The malposition and incorrect size of the implant can lead to severe complications including persistent pain, numbness, weakness or paralysis due to injury to the spinal cord or nerve roots. As a result, an avoidable revision surgery will be required or even the removal of implant is needed, when the implant-related infection (e.g. sepsis) occurs.
Failing to provide adequate post-surgical follow-up review can also cause a life-changing event to the individuals if the infection is missed, and therefore, post-surgical care and management are important for recovery.
Improper treatment for spinal fractures
Spinal fractures refer to the broken vertebrae (the 33 bones that make up the spinal column) that are often caused by osteoporosis and traumas such as falls, sport injuries or road traffic accidents. The fractures can sometimes heal naturally without surgical intervention, but some individuals might still require a brace with physiotherapy for a few months. However, severe spinal fracture will need to be surgically repaired.
In 2021, the Royal Osteoporosis Society (ROS) revealed a report demonstrating that around 2.2 million people were at risk of further harm due to missed diagnosis of spinal fractures. This included the findings from the National Audit of Radiology Services showing that only 5.5% of reports of the identified spinal fractures made recommendations for further investigation and the main reason for these missed opportunities was the lack of referral pathway for osteoporosis.
The improper treatment of spinal fractures can lead to the individuals suffering persistent pain, spinal deformities, neurological damage and reduced quality of life. Improper treatments can include insufficient pain management, inadequate immobilisation, premature return to activity, delayed/inadequate surgery and poor post-surgical care, etc. If the spinal cord or nerves are damaged during the fracture, it may even lead to bowel/bladder dysfunction together with numbness, tingling, or weakness in the arms or legs.
Suffering a spinal injury can be life-changing and have a financial impact on individuals due to the long-term loss of earnings if they may not be able to return to work. When a spinal injury is caused by medical negligence, you could be entitled to make a compensation claim.
If you believe that yourself or a loved one has suffered an injury or death due to the negligence of a medical or health professional then we may be able to help you pursue a claim for compensation. Our leading team of experts are on hand to offer advice, so please get in touch with us on 0161 696 6165 or complete our online enquiry form and we will contact you directly.
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