Errors in spinal surgery

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Spinal surgery can be carried out by both orthopaedic and neurosurgeons, although neurosurgery focuses on the central nervous system and orthopaedic surgery tends to focus on the bone.

Spinal surgery can be carried out for a number of reasons, for example to relieve compression on the spinal cord, stabilise the unstable or remove tumours.

Negligence can occur for a number of reasons:

  • Failure to image properly (x-ray/CT/MRI)
  • Failure to read imaging properly
  • Failure to operate in time
  • Excessive surgery
  • Wrong level surgery
  • Wrong side surgery
  • Inadequate surgery
  • Misplaced screws
  • Failure to correctly consent patients

From time to time, spinal surgeons will operate at the wrong level of the spine, and therefore on incorrect discs or vertebrae. Such errors will often lead to further surgery being required once the mistake has been realised. To look at the spine, surgeons use x-rays, CT scans and MRIs. X-rays are readily available but it is easy to miss things.

CT scans are more detailed than x-rays but can sometimes be obstructed. MRI scans are the gold standard but are not as readily available and require careful interpretation. There are around 7 to 12 spinal surgeons at the nearest Major Trauma Centre (St George’s Hospital).

If patients attend GPs, pain consultants, physiotherapists or chiropractors or even district general hospitals where there are fewer spinal surgeons, patients are reliant on timely referrals, on the correct pathways being applied and then a competent review of imaging by a competent surgeon. Do not be afraid to ask your surgeon about his or her training, practice focus, experience with whatever operation has been recommended, and whether you the patient have been presented all of the options that exist.

Sarah Stanton

Sarah Stanton

Partner | Medical Negligence

020 8332 8632

What is determined as a spinal injury?

Spinal injuries include fracture of the spinal cord (complete and partial) and pressure on the spinal cord causing total or partial loss of blood supply.

It first helps to provide a very basic anatomy lesson of the spine.

The spinal column exists from the base of the skull to the pelvis. It consists of 33 vertebrae (interlocking bones) which are separated by discs. The spinal column houses and protects the spinal cord – the long tubular bundle of nervous tissue. The spinal cord itself is divided into five regions:

24 articulating (moving) vertebrae:

9 fused vertebrae (five in the sacrum and four in the coccyx or tailbone):

Different severities of a spinal cord injury

The extent of spinal cord injury is defined by the American Spinal Injury Association (ASIA) Impairment Scale (modified from the Frankel classification), using the following categories:

  1. No sensory or motor function is preserved in sacral segments S4-S5
  2. Sensory, but not motor, function is preserved below the neurologic level and extends through sacral segments S4-S5
  3. Motor function is preserved below the neurologic level, and most key muscles below the neurologic level have a muscle grade of less than 3
  4. Motor function is preserved below the neurologic level, and most key muscles below the neurologic level have a muscle grade that is greater than or equal to 3
  5. Normal: Sensory and motor functions are normal

These serious orthopaedic injuries often involve catastrophic and permanent disability and leave the injured person with a vast array of physical and psychiatric needs, including carers, case managers, rehabilitation, further medical treatment, house adaptations to single story living and medical equipment. Very often, these injuries leave people unable to work which makes funding all of these things impossible.

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Failure to diagnose spinal injuries

Conditions that may affect the spine are:

  • Osteoarthritis
  • Degenerative disc disease
  • Herniated discs
  • Bulging discs
  • Epidural haematoma (collection of blood surrounding the nerves following trauma)
  • Inflammation from trauma
  • Osteophyte (bone spur) growth
  • Degenerative scoliosis
  • Spondylolisthesis (vertebral slippage)
  • Tumours
  • Metastatic spinal cord compression (cancer that has spread)

These conditions can sometimes destabilise the spine and can cause the nerve roots in your spine to become compressed. Nerves (also known as nerve roots) that branch off the spinal cord consist of:

  • 8 cervical nerves
  • 12 thoracic nerves
  • 5 lumbar nerves
  • 5 sacral nerves
  • 1 coccygeal nerve

The tapered lower end of the spinal cord near the first lumbar vertebra forms the conus medullaris and then the nerve roots from the lumbar and sacral levels continue to branch off the bottom of the cord like a “horse’s tail” (named the cauda equina). Damage to these nerves at the end of the spinal canal (cauda equina) can cause permanent paralysis and incontinence.

How Moore Barlow can help

Spinal injury negligence can be very complex claims, and not all are suitable for litigation. Please do seek our expert advice if you consider that you have a claim for negligence.

Back pain is one of the most common neurological problems seen by GPs and A&E departments but failure to recognise the ‘red flags’ of cauda equina syndrome will almost certainly result in a claim. Our orthopaedic injury solicitors are very experienced in these types of claims. See how our team can assist you under our dedicated cauda equina syndrome claims page.

For further advice on Serious Orthopaedic Injury, please contact us or alternatively email one of our orthopaedic injury solicitors or personal injury solicitors.

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