Spinal Injury Medical Negligence Compensation Claims Lawyers NSW
If you think you might have a spinal injury compensation claim, contact our Compensation & Insurance Claims Team today to book in for a free preliminary assessment phone conference.
Please note: there is a strict 3 year time limit that applies to spinal injury claims in NSW, however some restrictions do apply.
What is a spinal injury?
A spinal injury relates to an injury of the spinal bones, nerves, discs and/or cord.
Spinal injuries can be very serious and often have a life-changing effect on the victim.
Medical negligence causing a spinal injury typically occurs when a health practitioner:
- makes a mistake during surgery;
- makes a mistake during the provision of other medical treatment;
- misdiagnoses a condition or injury;
- delays treatment, causing further injury; or
- otherwise fails to provide adequate treatment.
I was told there were risks, will I still have a spinal injury claim?
When a doctor informs you of the risks associated with a surgical procedure, or any other type of procedure, those are risks which may eventuate notwithstanding that the doctor has exercised reasonable care in performing the procedure… and if the doctor does exercise “reasonable care” in performing the procedure, and you are unlucky enough to suffer one of those risks, you are unlikely to have a claim.
However, if the doctor does not exercise reasonable care in performing the procedure and you suffer one of the risks as a result, you are likely to have a claim.
Our Compensation & Insurance Claims Team understands this type of legal subtlety that makes having an experienced medical negligence lawyer an invaluable part of your litigation team.
What are the two most common types of negligence involving spinal injuries?
(1) Complications resulting from medical treatments or surgeries
When a Doctor performs a surgery or carries out a treatment in close proximity to a patient’s spine, there is a risk that the spine or spinal cord might be damaged in the process.
For example, when a Doctor performs an epidural or spinal block, there is a risk of injury to the spine or spinal cord.
Most patients will be made aware of this risk by the doctor, but we re-iterate, that making a patient aware of such a risk does not exculpate the doctor if he or she causes such injury as a result of performing the epidural or spinal block negligently.
(2) Misdiagnosis or delayed treatment
If an injury or condition affecting a patient’s spine is not treated with due care and skill, it may result in the injury or condition worsening and the patient suffering a worse outcome that he or she would have, had the injury or condition been treated with due care and speed.
For example, if the patient’s spine has an infection, tumour or abscess that is either misdiagnosed or not immediately treated, it can lead to Cauda Equina Syndrome. This severe neurological syndrome can also occur if a spinal fracture or herniated disc is not immediately treated.
Similarly, if an injury or condition affecting a body part close to a patient’s spine is not treated with due care and skill, it may result in the injury or condition worsening and causing injury to the patient’s spine which would not otherwise have occurred.
What losses can I be compensated for after a spinal injury claim?
- Your pain and suffering
- Your loss of earnings (past and future)
- The cost of medical treatment and surgery expenses (past and future)
- The cost of any care provided gratuitously by family and friends
- The cost of any care provided on a commercial basis
How do I get started with a spinal injury claim?
If you have recently sustained a spinal injury as a result of negligence by a NSW health practitioner then you may have an entitlement to bring a ‘Medical Negligence Claim‘ against the practitioner.
Since 1969 we’ve been helping clients achieve successful outcomes following a spinal injury. No matter what the odds are, we’ll fight to protect your best interests and ensure you are awarded the compensation you deserve.
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