Spinal surgery is a complex and technically demanding medical procedure that can potentially lead to life altering changes for patients. While the majority of spinal surgeries and procedures performed in Ireland will be successful, when the outcomes are negative, they can often have dramatic and often permanent consequences for patients, including long-term disabilities, reduced quality of life and the worsening of existing conditions.
If you or a loved one has suffered negative consequences as a result of a spinal surgery, and feel that the consequences were due to negligence or that the care received fell below the standard expected by medical professionals, you may have grounds to pursue a medical negligence claim.
Medical negligence claims for spinal surgery occur when a doctor, surgeon or healthcare professional provides care that falls well below established medical standards, and leads to negative or harmful outcomes for patients.
Negligence in spinal surgery or procedure can occur at any point in your medical care, starting from the initial consultation to the actual spinal procedure and right up to the post-op aftercare. Some of the most common grounds for claims we see are:
Spinal injuries and injuries caused by negligence can often be catastrophic for patients. Unlike injuries to other parts of the body, damage to the spine can result in complete paralysis, disability, extreme pain, partial or complete loss of mobility, loss of bladder function or bowel control and massive changes to a patient’s quality of life. These types of consequences can often further require corrective surgery and rehabilitation to resolve.
Beyond the physical effects, the psychological impact of a serious spinal injury can also be profound. Many victims of spinal negligence may suffer depression, anxiety, embarrassment and a profound loss of independence.
Spinal negligence can also incur a financial burden if patients are unable to return to work, or if they require expensive home modifications, further medical care or mobility aids as a result of their injury.
Successful claims for spinal injuries seek to obtain the necessary financial settlement and compensation to help victims manage what could be lifelong challenges, and help give them back the best possible quality of life.
In Ireland, the standard used to establish medical negligence is by what is known as the Dunne Principles. Established by the Supreme Court in 1989 following the case of Dunne v National Maternity Hospital, these six principles state that a medical practitioner can only be considered negligent if their actions differ significantly from what another reasonable practitioner would do under similar circumstances.
It is important to note that a mistake or error in your spinal procedure does not necessarily mean you have a valid claim for negligence, your claim needs to satisfy the principles set out above to be successful.
This is why you should always consult a legal expert to obtain an opinion on your case and the claims process. Experienced medical negligence solicitors will be able to talk you through the merits of your case, explain the entire process and discuss the best course of action to take. They may request further information such as your medical records and advise you to consult with independent medical experts to evaluate your claims.
For spinal surgery claims to be successful, certain factors must be established by the claimant.
In recent years, the standard of spinal care in Ireland has come under intense scrutiny following the Children’s Health Ireland (CHI) spinal surgery scandal.
Unlicensed devices were implanted during complex spinal procedures to treat scoliosis in children
Reported in an independent report by the Health Information and Quality Authority (HIQA) and then by CHI, the case highlighted many serious issues and failings around the quality of spinal surgeries and patient care in Temple Street, and revealed major flaws in governance, policies and procedures.
Pursuing successful spinal injury claims requires both legal expertise and a strong understanding of medical processes and clinical negligence. At Patrick J Farrell & Company, we have successfully represented clients across a wide range of medical negligence claims and cases.
If you believe that you or a family member has been the victim of spinal surgery negligence it’s important that you seek legal advice, contact us for a discreet and confidential discussion. We can give you a clear assessment of your case and help you take the first steps toward securing a fair outcome.
The general time limit for medical negligence claims in Ireland is two years from the date of the injury or the date of knowledge. The date of knowledge is when you first became aware that your injury was caused by medical negligence. For children or minors, this two-year period does not start until their eighteenth birthday. In practice, you need to submit your claim well before the two-year deadline.
Before surgery, you should be informed of any and all risks involved. This is known as informed consent. However, consenting to a risk does not mean you are consenting to negligence. If a surgeon makes a mistake that falls below a reasonable standard of care then you may still have the right to pursue a claim, even if you were warned that complications could occur beforehand.
How much financial compensation is awarded for spinal negligence claims can vary and often depend on the injury sustained, its severity and the resulting impact on the patient’s life. However, generally speaking, compensation can include cover for medical expenses, reimbursement for lost earnings or loss of future earnings, costs to cover any future medical care or home modifications needed as result of the injury and compensation for pain and suffering.