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Spinal injury medical negligence claims

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Understanding spinal injury claims

When doctors miss the warning signs of spinal injuries, the consequences can be devastating. When that injury is caused by medical negligence - a missed diagnosis, surgical error, or delayed treatment - the devastation is even harder to bear.

We’ve helped clients with cauda equina syndrome, spinal cord compression, surgical negligence, spinal haematomas and spinal infections secure the compensation they need to recover and rebuild their lives.

Types of spinal injury medical negligence claims

Medical negligence can cause spinal injuries in several ways. The most common include:

Cauda Equina Syndrome (CES)

CES is a medical emergency. It occurs when the bundle of nerves at the base of your spine is compressed, often by a herniated disc. This can affect your saddle area, legs, bladder, and bowel.

The symptoms include:

  • severe lower back pain
  • numbness or tingling in the groin, buttocks, or inner thighs ("saddle anaesthesia")
  • loss of bladder or bowel control
  • weakness in one or both legs
  • sexual dysfunction

If these symptoms are present, an MRI and emergency surgery are required. Delays can cause permanent paralysis and/or other significant impairments.

We've represented clients where GPs dismissed symptoms, hospitals delayed imaging, or surgery was postponed, leading to irreversible damage.

Other common missed diagnoses:

Spinal fractures: Severe fractures can shift and compress the spinal cord if not diagnosed quickly and managed appropriately.

Spinal infections: Severe back pain, fever, and worsening weakness can be signs of an infection in the bones or surrounding structures of the spine, which requires prompt treatment.

Spinal cord compression: Tumours, bleeding, or disc herniation pressing on the spinal cord can be misdiagnosed as other conditions, causing catastrophic delays.

Spinal surgery is delicate work. Small mistakes can have life-changing effects:

  • Wrong-level surgery: Operating on the wrong vertebra or disc leaves the problem untreated and can lead to other complications.
  • Nerve or spinal cord damage: Can happen during decompression, fusion, or discectomy due to poor technique.
  • Dural tears: Missed or improperly repaired tears can cause spinal fluid leak and infection.
  • Hardware misplacement: Misplaced screws can injure nerves or the spinal cord.
  • Incomplete decompression or post-op infection: Failure to address problems promptly can worsen symptoms.

An epidural abscess is a rare but serious infection near the spinal cord. Symptoms include:

  • Severe back pain
  • Fever
  • Weakness or numbness that worsens

Delays (even by a day) can result in permanent paralysis. Risk factors include recent surgery, spinal injections, immune problems, or IV drug use.


The life-changing impact of spinal injury

Spinal injuries caused by medical negligence often lead to:

  • Paralysis: Paraplegia (legs) or quadriplegia (all limbs).
  • Loss of bladder or bowel control: Self-catheterisation or manual bowel routines.
  • Chronic pain: Burning, stabbing, or electric-shock sensations resistant to medication.
  • Sexual dysfunction: Affects fertility and sexual function.
  • Loss of work and income: Many cannot return to work.
  • High care needs: Dependence on loves ones or nurses/support workers for assistance with daily tasks.  
  • Secondary health issues: Pressure sores, infections, respiratory problems, blood clots.
  • Emotional and financial devastation: Depression, PTSD, and extreme financial strain.

Proving medical negligence in spinal injury cases

To succeed, we must establish:

The doctor, hospital or other health care provider owed you a duty to provide reasonable and appropriate care.

Their actions fell below the expected standard.

The negligence caused or worsened your injury.

You suffered harm, disability, and loss of function.

Who can make a medical misdiagnosis claim?

You may have a claim if:

  • You developed cauda equina syndrome, and there was a delay in diagnosis or treatment
  • Your spinal fracture or cord compression was missed, leading to paralysis
  • An epidural abscess wasn't diagnosed promptly
  • You suffered nerve damage or paralysis during spinal surgery due to a surgical error
  • A spinal infection wasn't treated in time
  • Post-operative complications weren't recognised or managed properly

Time limits apply to these claims. The time limits can vary between states, and they are often different for adults and children, so it's important to get legal advice early.

What compensation can you claim for melanoma misdiagnosis?

Every case is unique, but compensation commonly covers:

This includes past and future treatment costs and any out-of-pocket expenses related to your care and rehabilitation.

If you’ve had time off work for treatment or recovery, or you’ve been unable to return to work at all, you can claim for income you’ve lost.

If your health now limits the type of work you can do, or stops you from working altogether, you may be eligible to claim for the income you'll miss out on in the future. For younger clients or clients with high earning potential, this can be significant.

Time out of the workforce also means missed super contributions. We calculate this loss and claim it on your behalf.

Also known as "general damages," this compensates you for the physical pain and emotional distress caused by your injury. Most states have caps, but they still allow for substantial awards where someone has been severely or catastrophically injured.

If you need help with daily tasks, such as personal care, domestic duties, or transport to appointments, whether from family or paid carers, this can be included in your claim.

If you now need changes to your home or transport to support your independence, this can form part of your claim.

This can include travel to appointments, parking, prescription medications, special dietary needs, therapies, aids and equipment.

Successful spinal injury negligence claims can attract significant compensation, particularly for those with paraplegia, quadriplegia or other catastrophic spinal injuries. The amount of compensation you are eligible to claim will depend on the severity of your injury and other factors such as your age, health impacts and long-term needs.

search Any questions? Check out our FAQs.

How Maurice Blackburn can help

Why choose us for your spinal injury claim?

With decades of experience advocating for patients, our dedicated lawyers provide compassionate and effective representation, ensuring our clients receive the justice they deserve. Get in touch with us today for advice tailored to your situation or contact one of our office locations.

Frequently asked questions (FAQs)

Spinal injury claims can take time because they’re thoroughly investigated and often involve long-term medical assessments. Most cases take several years, but you won’t be left waiting without support. In certain cases, we may be able to  seek interim payments to help cover treatment, rehabilitation and daily expenses while your claim progresses.

Yes. Claims can often be made while treatment is ongoing. Starting early can be helpful, especially for gathering evidence and meeting time limits.

Most spinal injury cases settle before trial. However, if your case does go to court, we'll guide you through the process and support you every step of the way.

Doctors and hospitals often argue that nothing would have changed the outcome. But that’s not the final word. We’ll arrange independent medical experts to review your care and determine whether more appropriate diagnosis or treatment is likely to have improved your outcome.

Yes. An apology doesn’t stop you from making a claim. While complications can occur even with proper care, they can also be a sign that something was missed or that something was not done to the required standard. Our team can review what happened, explain your rights, and help you understand whether the complication was avoidable.

No. Consent forms confirm you understood the risks of a procedure, but they do not protect medical professionals from negligence.

You may still have a medical negligence claim. Different compensation schemes can operate simultaneously, though there are rules about overlapping payments. We recommend speaking to a lawyer as soon as possible.

We offer No Win, No Fee arrangements for many of our legal services, which means you only pay our fees if we successfully win your case.

The rules and time limits vary between states. We recommend speaking to a lawyer as soon as possible to seek advice about the time limits that apply to you.

Our lawyers will work with you through every step of the process

Take the first step towards justice and support. Our team of dedicated medical negligence lawyers are here to listen to your story and provide expert legal assistance and support.

Contact us today for a confidential, no-obligation consultation.

Need to speak to us sooner? Call us on 1800 111 222


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We have experts all over Australia ready to help you with your medical negligence claim.

Gabrielle Feery

Gabrielle Feery

Principal Lawyer, Medical injury

  • Melbourne, VIC
  • (03) 9605 2820
Ric Traini

Ric Traini

Senior Associate, State Leader Medical Negligence, Medical injury, Childhood abuse

  • Adelaide, SA
  • (08) 7109 2705
Marie Eberlein

Marie Eberlein

Senior Associate, State Leader Medical Negligence, Medical injury

  • Perth, WA
  • (08) 6220 4300
Tom Ballantyne

Tom Ballantyne

Principal Lawyer, Executive Director, Medical injury

  • Melbourne, VIC
  • (03) 9605 2858

Office locations

We’re here to help. Get in touch with your local office.

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We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.