Spinal cord injury (SCI) compensation claims

The spinal cord is a long, fragile, bundle of nerves that run from the brain stem to the base of the spine, allowing communication between the brain and the muscles, organs and functions of the body. When the spinal cord is injured, this affects the flow of information from the brain to the other areas of the body. Severe SCI, in which the spinal cord is broken, severed (cut) or damaged, causes a permanent loss of communication between the brain and the parts of the body beneath the level of the break or injury.

Spinal cord injury is always serious. It leads to permanent sensory impairment, loss of function and disability. The higher the level of injury on the spine, the worse the injured person’s disability and overall outcome. From the first signs of injury to the neck, back or spine, or the first symptoms of pain, numbness or altered bladder control, the patient’s future ability to function depends on prompt diagnosis and swift action to protect the spinal cord.

Spinal cord injury medical negligence claims are complex and must be handled by specialist solicitors with experience in recovering compensation for permanent, life-changing, severe disability to ensure that the injured person receives their full entitlement to compensation.

Medical negligence claims for spinal cord injury can arise from mistakes at every stage of a patient’s treatment.  A surgeon’s mistake may cause a spinal injury. A GP may negligently fail to recognise an SCI or CES injury, and delays in referral to hospital or neurosurgical treatment may lead to permanent disability. Mistakes by ambulance, emergency, radiology or nursing staff can all make an existing injury significantly worse. In some cases, it is the failure to obtain informed consent for a procedure by advising the patient of a risk which later gives rise to a claim.

Mistakes which often lead to spinal cord injury medical negligence claims include:

• lack of informed consent about the risks and benefits of surgical treatment;
• failing to recognise and act on red flag signs of cauda equina syndrome (CES);
• delayed diagnosis and treatment of spinal cord impingement from:
  • spinal tumours;
  • abscesses;
  • haematoma (bleeding/clots);
  • ischaemia;
  • prolapsed (slipped) disc;
• delayed diagnosis and treatment of infection;
• delayed referral for MRI scans or specialist (neurosurgical) review;
• delays in carrying out urgent treatment, such as surgical decompression;
• surgical errors in technique, positioning and monitoring during surgery;
• misinterpretation of X-rays or scans;
• negligent manipulation during chiropractic, physiotherapy or osteopathy treatment;
• negligent handling, mobilisation, positioning and moving of a patient with SCI;
• incorrect administration of anaesthesia, such as epidural;
• negligent injection of medication/dye into the spinal cord.

The level of permanent spinal injury disability that someone suffers as a result of medical negligence depends on:

• how high up the spine the injury occurred;
• whether the spinal cord was compressed (squeezed) or completely severed;
• how quickly the spinal cord compression injury was diagnosed and treated; 
• how quickly surgery took place to decompress or stabilise the spine;
• the patient’s treatment (positioning, immobilisation and transportation to hospital).

Spinal cord injury claims for compensation often involve a combination of the following types of disability: 

• paralysis (loss of control and sensation):
  •  tetraplegia or quadriplegia – paralysis in all four limbs and torso;
  •  paraplegia – paralysis of the lower half of the body; 
• cauda equina syndrome (CES);
• breathing difficulties;
• impaired motor control (movement of muscles) and mobility (ability to walk, run);
• loss of sensation, altered sensation, numbness;
• weakness in arms and legs;
• peroneal nerve injury (foot drop);
• chronic pain and muscle spasms;
• problems with bowel, bladder and urinary function; 
• sexual and reproductive difficulties;
• spinal fractures;
• PTSD and psychological injury.

Each client’s compensation depends on their injury and disability, the impact it has had on their ability to work and live independently, and their individual circumstances. We work with closely with our clients and our experts to ensure that each client’s compensation will meet their needs arising from their disability, now and in the future, and compensate them for their financial losses. In most cases, we obtain substantial interim payments as soon as the healthcare provider’s liability is established, so that we can start meeting our client’s needs for care, equipment, therapies and adapted accommodation whilst the claim is ongoing.

Depending on the client’s SCI injury and the cost of meeting their needs from their SCI disability, their final settlement may include compensation for:

• pain, suffering and disability;
• costs of rehabilitation;
• care and case management;
• therapies, such as:
  • physiotherapy;
  • occupational therapy (ot);
  • speech and language therapy;
  • hydrotherapy;
  • psychological counselling.
• costs of surgical or medical treatment;
• loss of earnings and pension;
• increased costs adapted accommodation;
• specialist vehicles, wheelchairs, mobility aids and equipment;
• assistive technology (IT);
• special educational support (SEN) (if a child).