Spinal surgery is a complex medical procedure with can potentially have a life-changing impact on the patient. While in the majority of cases this impact can be positive, unfortunately spinal surgery can have a negative impact. When spinal surgery goes wrong the consequences for the patient can be severe, leading to long-term disabilities and reduced quality of life. If you or a loved one has suffered injuries due to the medical negligence of your surgeon, you may be eligible to pursue spinal injury claims*.
Why Choose Hanahoe and Hanahoe LLP
Hanahoe and Hanahoe LLP are expert medical negligence solicitors*, who represent clients form across the country. If you are concerned about the medical treatment you or a loved one received, one of our experienced solicitors will happily meet you in our office at Naas, Dublin, Portlaoise, Maynooth or Clane, or indeed over zoom. We have been representing clients in medical negligence matters* for over 40 years. We understand how daunting and emotionally draining bringing a medical negligence case* can be, particularly when you have suffered significant injuries. Therefore, we ensure that not only our you given the best advice, but that that advice is conveyed to you in a kind and empathic manner.
Legal Aspects of Spinal Surgery Claims
It is important that clients know that just because your surgery went wrong, or even just because a mistake was made by your medical practitioner, does not necessarily mean that you have a valid spinal surgery claim*. In order to ensure that you have a stateable medical negligence claim* you have to show a breach duty of care by your medical practitioners, in line with the principles set out in the case of Dunne -v- The National Maternity Hospital [1989]. The first step in proving this is to get an opinion confirming negligence from a suitable qualified expert.
Basis for a Spinal Surgery Claim
The basis for a spinal surgery claim typically revolves around proving that the healthcare provider’s actions deviated from accepted medical practices, directly causing injury. Common grounds for these claims include:
- Surgical Errors: Mistakes during surgery, such as incorrect procedures or mishandling of surgical instruments.
- Misdiagnosis or Delayed Diagnosis: Failing to accurately diagnose a spinal condition in a timely manner.
- Inadequate Postoperative Care: Neglecting necessary follow-up care, leading to complications.
- Lack of Informed Consent: Performing surgery without the patient’s informed consent regarding risks and alternatives.
Elements of a Successful Claim
For spinal injury claims* to be successful, certain elements must be established:
- Duty of Care: Proving that the healthcare provider owed a duty of care to the patient.
- Breach of Duty: Demonstrating that the provider breached this duty by acting negligently.
- Causation: Establishing a direct link between the breach of duty and the injury sustained.
- Damages: Providing evidence of the damages suffered as a result of the injury, such as medical expenses, loss of income, and pain and suffering.
What can Spinal Surgery Cause
Common injuries we would see in a medical negligence context are:
- Nerve Damage: Resulting in paralysis or loss of sensation.
- Infections: Leading to severe health issues and additional surgeries.
- Failed Surgery: Where the intended results are not achieved, necessitating further medical intervention.
- Spinal Instability: Causing chronic pain and requiring corrective procedures.
- Blood Clots: Potentially leading to life-threatening conditions like pulmonary embolism.
This is not an exhaustive list.
Types of Compensation
Compensation in spinal injury claims* can vary significantly depending on the severity of the injury and its impact on the victim’s life. The types of compensation available may include:
- Medical Expenses: Covering the cost of past and future medical treatments.
- Lost Earnings: Reimbursing for lost wages and loss of earning capacity.
- Pain and Suffering: Compensating for physical and emotional distress.
- Rehabilitation Costs: Funding necessary rehabilitation and therapy services.
- Home Modifications: Adapting living spaces to accommodate disabilities.
How Long Do I have to Bring a Spinal Surgery Negligence Claim?*
The statute of limitations for bring a medical negligence claim is two years minus on day form the date of knowledge of the any potential negligence. This vary significantly depending of the circumstances of each individual case. We would always aim to issue the proceedings with two years of the surgery, but that might not always be possible. Given that the statute can varying depending on the individual circumstance of each case, it is essential that you seek legal advice from an experienced medical negligence solicitor* at the earliest possible opportunity.
Conclusion
Spinal injury claims are complex and require a thorough understanding of medical and legal principles. If you believe you have been a victim of medical negligence, seeking professional legal advice is crucial. Medical negligence solicitors can guide you through the claims process, helping you secure the compensation you deserve for your suffering and losses. Remember, timely action is essential due to the statute of limitations, so do not delay in seeking advice.
If you or a love one has suffered a injury as a result of spinal surgery or you would like to ask one of our solicitor a question please fee free to contact us