Types of spinal negligence claim
Cauda equina syndrome misdiagnosis
The most common spinal negligence claim in England and Wales. See the dedicated guide: cauda equina negligence claims.
Wrong-level spinal surgery
Operating at the wrong vertebral level — performing a lumbar discectomy at L4/5 when L5/S1 was indicated, or decompression at the wrong level — is a never event. These claims are among the most clear-cut in spinal negligence.
Negligent spinal decompression or fusion technique
Where the surgical approach, extent of decompression, placement of implants or fusion technique falls below the standard of a competent spinal surgeon, and permanent neurological deficit or instrumentation failure results.
Post-operative spinal epidural haematoma not investigated
A post-operative spinal epidural haematoma causes progressive neurological deterioration that must be identified and surgically evacuated within hours. Delayed diagnosis is a serious and litigable clinical failure.
Spinal infection (discitis, osteomyelitis) misdiagnosed
Spinal infection can cause catastrophic cord compression if not diagnosed and treated promptly. A patient presenting with severe back pain and fever, especially after spinal surgery or when immunocompromised, must be investigated with urgent MRI.
Spinal cord injury in anaesthesia
Central neuraxial block — spinal or epidural anaesthesia — carries a risk of cord injury from direct trauma, haematoma, or infection. Where this occurs due to a technique failure, a claim may arise.
Cervical spine injury not identified after trauma
A patient with a cervical spine injury following road traffic accident or fall who is not immobilised, or whose imaging is not arranged or correctly interpreted, may suffer secondary cord injury that appropriate immobilisation would have prevented.
Compensation for spinal negligence
Spinal cord injury claims are among the highest-value cases in clinical negligence. Where negligence causes complete or incomplete tetraplegia or paraplegia:
- General damages can reach £400,000+
- Future care costs (professional care, equipment, accommodation) over a lifetime can run to several million pounds
- Future loss of earnings and case management are significant additional elements
- Total settlements in complete spinal cord injury cases regularly exceed £5 million
Frequently asked questions
Is cauda equina syndrome the same as a spinal cord injury?
The cauda equina nerves are below the level of the spinal cord itself (which ends at L1/L2). Cauda equina syndrome affects the nerve roots of the lower spinal canal and causes bladder, bowel, and lower limb dysfunction. True spinal cord injury affects the cord above L1/L2 and can cause paraplegia or tetraplegia.
Can I claim if a spinal epidural caused nerve damage?
Yes — if the nerve damage resulted from a technique below the required standard. Where the damage is a rare complication of a properly performed procedure the patient was warned about, a claim is less likely to succeed, though consent-based arguments may remain.
What if I was not given an MRI scan for severe back pain with neurological signs?
Failure to arrange urgent MRI for a patient with back pain and neurological signs — leg weakness, bladder or bowel dysfunction, saddle anaesthesia — is a potential basis for a cauda equina negligence claim.
Related guides
- Cauda equina negligence claims
- Orthopaedic negligence claims
- Nerve injury compensation claims
- Brain injury compensation claims
Sources & further reading
Primary statute, case law and regulator guidance referenced in this article.