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 deserve for your medical negligence case.

We understand the long-term impact that spinal surgery negligence can have on your life, and the importance of securing compensation to cover the cost of care and help you to move forward. 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 spinal injury 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 medical negligence spinal injury claim on a no win, no fee basis.

“JMW have been a tremendous support to me and my family. They put their faith in me and my journey and I can’t begin to thank Eddie Jones and the team enough. The success of my claim has made mine and my family’s lives so much easier, we no longer need to worry about our financial situation or stress over adapting our home.”

JMW medical negligence client Claire Rawlings, who has a spinal injury

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How JMW Can Help

If your spinal cord 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 the failure to promptly diagnose and treat medical conditions, substandard surgery or the 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:

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.

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..

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 as a result, 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, 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 medical negligence 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:

Initial consultation - the first step is to have a free initial discussion with a solicitor who specialises in medical negligence. This consultation will involve a review of your case details, the injuries you have sustained, and any existing evidence that has already been collected. Based on this, we can offer an expert view on whether you have a strong case to claim spinal injury compensation.

Investigation - if you choose to move forward, the next step is for your solicitor to conduct a thorough investigation. This involves collecting evidence, reviewing your medical reports and records, and identifying the healthcare professionals involved. Expert medical opinions may also be sought to show that your spinal injury was caused by medical negligence.

Letter of claim: - if your case is strong, your solicitor will draft a letter of claim to be sent to the healthcare provider responsible for your substandard care. This letter details your case, the alleged negligence and its impact on your life.

Response - the defendant has around four months to respond. If they admit liability, your solicitor will be able to negotiate a settlement, but if liability is denied, we may need to collect further evidence to strengthen your claim.

Initiating court proceedings - if a settlement cannot be reached, your solicitor may suggest initiating court proceedings. We always aim to settle the claim at the earliest opportunity to help you move on with your life, so this will be seen as a last resort.

Trial: if your case goes to trial, a judge will hear evidence from both sides and make a decision. If your claim is successful, the judge will decide the amount of compensation you should receive.

Settlement: If your claim is successful, either through negotiation or a court decision, you will receive compensation. The amount will depend on various factors, including the severity of your injury, the impact on your life, and any financial losses you have incurred.

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 cord 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. This means that if we win your case, then the healthcare provider responsible for your injury pays the majority of your legal fees, with only a capped amount left to pay from your compensation. If the case is unsuccessful, then your legal fees are written off, as long as you take out an insurance policy with our recommended provider. All of this will be discussed in detail with you at the start of your case.

We will also work to secure interim compensation 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.

Can I receive financial support with costs before my case is concluded?

We understand that spinal injuries can lead to significant financial strain. To ease this burden, interim payments may be accessible before your case reaches a final settlement. Interim payments help to cover immediate and necessary expenses such as:

Medical bills: including hospital stays, surgeries and other urgent medical treatments.

Rehabilitation costs: including physiotherapy, occupational therapy and other rehabilitative services.

Living expenses: adaptations to your home, mobility aids and everyday living costs if you are unable to work.

Interim payments are typically provided when there is clear evidence that the defendant is liable, and the financial needs of the claimant are urgent. Our team will conduct a thorough assessment of your case to establish the grounds for these payments and will communicate with the defendant's insurers to expedite the process. This proactive approach aims to deliver timely assistance to help you manage the immediate costs arising from your spinal injury.

We prioritise securing these payments early in the claims process to ensure you have the financial support you need during your recovery. Our dedicated team will work tirelessly to negotiate and obtain these funds in all cases where clients are eligible to receive them. By providing interim payments, we aim to minimise your financial worries, allowing you to focus on your health and recovery.

Can I change my solicitor to JMW?

If you are dissatisfied with your current legal representation, you have the right to switch to JMW Solicitors. Changing solicitors is a straightforward process, and we can manage a seamless transition to avoid any disruption to your case. Here is how it works:

Initial consultation: we will discuss your current situation and understand your reasons for wanting to switch.

Contacting your previous solicitor: with your permission, we will communicate with your existing solicitors to arrange the transfer of your case files.

Reviewing your strategy: our experienced spinal injury team will review your case, provide a fresh perspective and tailor our strategy to maximise your claim’s potential.

By choosing JMW, you benefit from our expertise, dedication and personalised service. We prioritise your interests and ensure you receive the best possible representation. If you have any concerns or questions about switching solicitors, our team is ready to provide the necessary guidance and support.

Learn more about the process of switching your solicitor to JMW.

Talk to Us

If you want to discuss a hospital spinal injury claim with our approachable team of specialist solicitors, call us on 0345 872 6666, or complete our online enquiry form to request a call back as soon as possible.

Medical Spinal Injury Claims