Paralysis After Surgery – How To Claim For Medical Negligence
This guide looks at when you could be eligible to make a medical negligence claim for paralysis after surgery that went wrong. You can also learn about the evidence that could help you strengthen your case and the time limits that need to be adhered to when taking legal action.
Paralysis After Surgery – How To Claim For Medical Negligence
Medical professionals, including surgeons and other staff on a surgical team, have a duty to provide the correct standard of care. Throughout our guide, we will look at examples of how surgical errors could lead to avoidable harm if this standard is not met.
Furthermore, we discuss medical negligence compensation payouts including how they are calculated and what they could potentially comprise following a successful claim.
Finally, we conclude with insight into the No Win No Fee terms our medical negligence solicitors could offer while guiding you through the claims process.
If you have any other questions about medical negligence claims, please contact an advisor. They can offer a free assessment of your potential case and answer any questions you might have. To get in touch, you can:
- Call 0800 073 8804;
- Discuss your potential claim online;
- Join an advisor on live chat below.
Select A Section
- Am I Eligible To Claim For Paralysis After Surgery?
- What Can Cause Paralysis After Surgery?
- Proving Your Paralysis Was Caused By Surgical Negligence
- How Much Could You Claim For Paralysis After Surgery?
- Why Choose A No Win No Fee Paralysis Negligence Solicitor?
- Related Guides On Surgical Negligence Claims
Am I Eligible To Claim For Paralysis After Surgery?
Being paralysed due to a surgical procedure does not always mean there are valid grounds to pursue a medical negligence claim for paralysis after surgery. This is because surgery often carries risks of further illness or injury which your surgeon should inform you of. Alternatively, they should make the information of surgical risks available to you. if a surgeon made you aware that paralysis was a potential risk, and upheld their duty of care, this may mean your claim is not viable.
However, you could be eligible to proceed with a medical negligence claim if you can show that:
- A medical professional owed you, as their patient, a duty of care.
- They breached this duty by not providing the correct standard of care.
- This breach caused you avoidable harm.
Limitation Periods
Another requirement is that the claim begins on time. The Limitation Act 1980 establishes a three-year time limit for medical negligence claims. Either the date the medical negligence occurred or the date of knowledge acts as the starting point. The latter is the date you became aware that the avoidable harm you suffered resulted from a medical professional breaching the duty of care they owed.
Some exceptions could be applied, however. To find out more about these and how long you have to start a claim for paralysis after surgery, call our team on the number above.
What Can Cause Paralysis After Surgery?
Paralysis, such as quadriplegia and paraplegia, is when you can’t move some or all of your body either permanently or temporarily. It can affect different parts of the body and to different extents.
There are many possible answers to the question, ‘What can cause paralysis after surgery?’. For example, paralysis could occur as a result of a never event, the term used to describe a surgical error that should not happen under any circumstance. You can find some examples below:
- An anaesthetist administers an epidural incorrectly causing nerve damage. This results in the patient losing all function in both their legs, known as paraplegia.
- A surgeon carrying out minor surgery damages the patient’s spinal cord after using the wrong equipment, causing them to suffer from quadriplegia; paralysis in the upper and lower body.
- An overdose of anaesthetic is given causing the patient to sustain brain damage leading to paralysis.
Surgery can carry a risk of further illness or injury even when the correct care is provided. In these instances, it may not be possible to make a medical negligence claim. To learn when you could be eligible to seek compensation for the avoidable harm you suffered, call an advisor on the number above.
Proving Your Paralysis Was Caused By Surgical Negligence
As this guide touched on before, paralysis after surgery is not always grounds for a medical negligence claim. Eligibility should be shown through relevant evidence, which could include the likes of:
- An official medical report of your post-surgery harm.
- Medical records, which you can request during or after treatment.
- Test results.
- Witness contact details, such as from those who have attended your appointments with you.
Additionally, the Bolam Test may also be carried out. This involves a group of relevantly trained medical professionals reviewing your treatment and judging whether the correct standard of care is provided. You will not need to arrange this yourself and whether it’s conducted will be determined on a case by case basis.
Our experienced medical negligence solicitors could assist you with gathering evidence and helping you build a strong case. Get in touch with an advisor today to find out whether you could be eligible to work with them and learn more about the services they could offer.
How Much Could You Claim For Paralysis After Surgery?
A compensation payout awarded following a successful claim for paralysis after surgery could feature up to two heads of claim, accounting for different impacts of medical negligence.
Firstly, there is general damages, which compensates for the physical and mental pain and suffering caused by the medical negligence. Solicitors can use medical evidence and the Judicial College Guidelines to help them value this aspect of your settlement. We have used this document to create a table of paralysis injury compensation brackets that you can see below.
The brackets should only be used as a guide.
Compensation Table
| INJURY | COMPENSATION – GUIDELINES | NOTES |
|---|---|---|
| Quadriplegia | £324,600 to £403,990 | Paralysis of the lower and upper body. This is also referred to as tetraplegia. |
| Paraplegia | £219,070 to £284,260 | Lower-body paralysis. |
| Brain Damage – Very Severe | £282,010 to £403,990 | The level of award will recognise the severity of physical limitation caused by brain damage. |
| Brain Damage – Moderately Severe | £219,070 to £282,010 | A very serious disability such as those that are physical, including limb paralysis. |
| Back – Severe (i) | £91,090 to £160,980 | Nerve root and spinal cord damage severe pain and disability alongside incomplete paralysis and impaired organ and sexual function. |
| Neck – Severe (i) | In the region of £148,330 | Incomplete paraplegia from an associated neck injury. |
If general damages are awarded, you could also receive special damages to compensate for the financial expenses incurred because of the medical negligence. Special damages could be worth a significant amount as the effects of paralysis could be life-changing and far-reaching.
Examples of the costs that could be reimbursed under special damages include:
- A loss of earnings, both for permanent and temporary time off work, as well as a permanent change in careers.
- Travel costs.
- Home or vehicle adaptation costs.
- Prescription charges.
Our advisors are available to discuss how medical negligence compensation is calculated in further detail. Call on the number above to learn more.
Why Choose A No Win No Fee Paralysis Negligence Solicitor?
As long as eligibility requirements for a medical negligence claim are met, you could instruct one of our solicitors to begin working on your case. They have experience handling claims for paralysis after surgery and could ensure your case is submitted within the relevant time frame and that your payout is valued correctly.
These, and other services, can be offered under a No Win No Fee contract called a Conditional Fee Agreement. In this case, you would not pay fees for the solicitor’s work:
- Initially, as your case begins;
- During the case;
- Following a failed claim.
Your solicitor would be paid a success fee if the claim wins. This is paid as a percentage of the compensation you are awarded. A cap is applied to this percentage by The Conditional Fee Agreements Order 2013.
How To Start A Claim For Negligent Surgery
If your operation has gone wrong and caused you paralysis because of medical negligence, you can discuss your case with an advisor today or any time you wish. Along with useful details on medical negligence claims, an advisor can assess your chances of being able to claim. An eligible case could be put forward to one of our solicitors.
You can get in touch for more information by:
- Calling 0800 073 8804;
- Contacting us about your potential claim online;
- Opening the live chat tab below.
Related Guides On Surgical Negligence
For more of our helpful guides:
- A wider look at paralysis medical negligence claims.
- Making a complaint about medical negligence.
- Guidance on whether you could claim after being prescribed the wrong medication.
For more additional resources:
- NHS guidance on recovery from surgery.
- The General Medical Council’s professional standards for doctors.
- NHS information on living with a spinal cord injury.
Thank you for reading our guide covering medical negligence claims for paralysis after surgery. Please reach out to our advisors if you need any other information.
