Experienced Solicitors for Spinal Injury Claims in Manchester & Oldham
Spinal cases are rarely straightforward. They may involve emergency care in A&E, spinal surgery, pain management, rehabilitation and follow-up in several different clinics. Understanding whether your outcome was an unavoidable complication or a medical negligence spinal injury often needs careful investigation.
Our clinical negligence solicitors have acted in many spinal injury claims against both NHS Trusts and private hospitals. We instruct independent spinal surgeons, neurologists and neuroradiologists to review your records, assess the standard of care and give clear expert opinions on what should have happened.
For a free, confidential and no obligation consultation, call us on 0161 665 3502, email [email protected] or complete our contact form.
When Does Spinal Care Become Negligence?
Not every unsuccessful spinal operation or poor outcome counts as negligence. All spinal procedures carry inherent risks. However, a claim for negligence is valid when a healthcare professional fails to meet the expected standard of competence, directly causing you harm or worsening your condition.
You may be eligible to claim compensation if:
- There were delays in diagnosis, e.g. a fracture, infection or compression was not identified quickly enough
- Emergency care failed, and urgent red flag symptoms were ignored or dismissed
- Surgical errors occurred, meaning mistakes were made during the operation itself
- Consent was inadequate, and you were not fully informed of the risks or alternative treatment options before agreeing to surgery
- The technique was poor, and injections or pain management procedures were performed incorrectly
Types of Spinal Negligence Claims
Our team manages a broad spectrum of cases involving the spine, including but not limited to:
Cauda Equina Syndrome (CES)
CES is a surgical emergency. If the nerves at the base of the spine are compressed, urgent surgery is often required to prevent permanent disability. Negligence frequently occurs when:
- Red flag symptoms such as saddle anaesthesia, bladder or bowel incontinence, or severe leg pain are dismissed
- There are delays in organising MRI scans
- Referrals to specialist spinal units are made too late
- Surgery is not carried out within the critical therapeutic window
Missed Spinal Fractures
A failure to identify a fracture on an X-ray or scan can lead to instability in the spine. If a patient is mobilised when they should have been immobilised, this can cause severe pain, deformity and nerve damage. These errors often happen when:
- A&E assessments are rushed
- Radiology reports are misinterpreted
- The wrong type of imaging (e.g. X-ray instead of CT) is requested
Surgical Mistakes
Spinal surgery requires precision and careful planning. Claims may arise from:
- Hardware errors, such as misplaced pedicle screws or cages
- Operating on the wrong vertebral level
- Direct trauma to the spinal cord or nerve roots during the procedure
- Failure to manage post-operative complications such as haematomas or deep infection
These problems can lead to new neurological symptoms, worsening pain or the need for further surgery.
Pain Management Errors
Procedures such as facet joint injections, nerve blocks and epidurals are generally safe when performed correctly. We handle claims where:
- Needles have been inserted incorrectly, causing nerve injury
- Infection has been introduced due to poor sterile technique
- Procedures have been carried out without appropriate imaging guidance or proper consent
Case Study: £45,000 Settlement for Missed Fractures and Consent Failure
Date of Settlement: 2024
We recently represented Mr P, who was admitted to hospital following a seizure while driving. He had sustained multiple spinal fractures and a severe shoulder injury.
The hospital initially failed to identify the spinal fractures. Mr P was discharged without a brace, enduring months of unnecessary pain before the fractures were finally diagnosed. Independent medical experts confirmed that earlier stabilisation would have significantly reduced his suffering.
Regarding his shoulder, Mr P was told he required an ORIF (open reduction and internal fixation) procedure. He was not informed that this specific surgery carried a high risk of Avascular Necrosis, nor was he offered the alternative of a shoulder replacement.
Mr P developed avascular necrosis and now faces further major surgery to replace the shoulder. This situation could have been avoided had he been properly advised of his options initially.
Garratts pursued a claim against two NHS Trusts for both the missed spinal diagnosis and the lack of informed consent. We secured a £45,000 settlement for Mr P, compensating him for the prolonged pain, the impact on his lifestyle, and the need for future revision surgery.
Case Study: £185,000 Settlement for Delayed Cauda Equina Syndrome Diagnosis
Garratts recently succeeded in a clinical negligence claim involving Cauda Equina Syndrome on behalf of Miss S. Critical red flags were missed by both her GP and subsequently a physiotherapist. As a consequence, the diagnosis was delayed and by the time it was confirmed on an MRI scan, Miss S had already suffered permanent damage to her bladder and bowel function, sexual dysfunction and foot drop.
Miss S was awarded £185,000.
Case Study: £110,000 Settlement for Delayed Cauda Equina Syndrome Diagnosis
Garratts successfully recovered £110,000 on behalf of Miss L, who was subjected to negligent treatment in the form of a delayed diagnosis of Cauda Equina Syndrome. There was a delay in identifying the condition and therefore a delay in surgery being performed, which resulted in a worse outcome. She suffered significant sexual dysfunction, urinary and bowel issues causing significant psychological suffering, and an exacerbation in her back and leg pain which impacted her employment.
Garratts secured a settlement of £110,000.
How to Prove Your Claim
To succeed in a spinal injury claim, two legal tests must be met:
- Breach of duty
We must show that the treatment you received fell below the standard of a reasonably competent spinal specialist or other relevant healthcare professional.
- Causation
We must show that this specific failure caused your injury or materially altered your outcome.
We address these tests by obtaining reports from independent medical experts. They analyse your records and imaging to give an objective opinion on whether the care was negligent and how it has affected your prognosis.
Calculating Your Compensation
If your claim is successful, compensation is awarded to restore your position as much as possible in financial terms. This is usually split into two categories:
1. Compensation for the injury (general damages)
A calculated sum for the pain, suffering and loss of amenity you have endured. In spinal cases, this reflects the severity of pain, any degree of paralysis or weakness and the psychological impact of the injury.
2. Compensation for financial losses (special damages)
This covers out-of-pocket expenses and future financial needs, such as:
- Loss of earnings and pension contributions (past and future)
- Costs for private medical treatment or physiotherapy
- Professional care costs or the value of care provided by family and friends
- Specialist equipment, such as wheelchairs or home adaptations like stairlifts and wet rooms
- Additional transport costs or accessible vehicles
How to Fund Your Claim
We believe that access to justice should not depend on your financial situation.
No Win No Fee (Conditional Fee Agreement)
The majority of our spinal injury negligence claims are funded in this way:
- No upfront legal costs to start your claim
- If you lose, you do not pay our legal fees
- If you win, a success fee is deducted from your compensation. This is capped and agreed in advance, so you keep the majority of your settlement
We will also check whether you have legal expenses insurance, often attached to home or motor policies, which might help to fund your case.
Frequently Asked Questions
How do I begin the process?
Simply contact us for an initial consultation. We will discuss the timeline of your treatment, your symptoms, and the impact on your life. We will then give you an honest assessment of whether there are grounds to investigate. This chat is free and comes with no obligation.
What are the time limits for claiming?
Generally, you have three years to issue court proceedings. This period starts from the date of the negligence or the date you became aware that your injury was caused by a medical error (date of knowledge).
Will a claim affect my current treatment?
No. Legal action is separate from your medical care. Doctors have a professional duty to treat you to the best of their ability, regardless of any ongoing litigation.
