Last Updated on April 27, 2026 by tanya

Can You Claim Compensation If Scoliosis Surgery Went Wrong?

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

What is Clinical Negligence and How To Gather Evidence

Scoliosis surgery is a complex procedure, but can you claim compensation if scoliosis surgery went wrong? This depends on whether clinical negligence occurred, which means was there a poor level of care provided and if so, did it directly cause injury or worsen your medical condition.

The consequences of clinical negligence can result in severe harm to a patient, ranging from chronic pain to permanent disability when it comes to scoliosis surgery. So if you suspect you’ve suffered from clinical negligence during scoliosis surgery, our team may be able to help.

We work with clinical negligence solicitors who can assess your case at no cost to you, as well as offering ‘No Win, No Fee’ agreements.

 

When Is Scoliosis Surgery Considered Clinical Negligence?

Not every poor outcome is due to negligence. Surgery always carries risks, and complications can occur even with the best care. However, clinical negligence arises when a healthcare professional fails to meet the standard of care expected, and this failure directly causes harm.

 

Common Examples of Negligence in Scoliosis Surgery:

 

• Surgical errors: Misplaced screws, nerve damage, or operating on the wrong spinal level
• Failure to monitor spinal cord: Lack of intraoperative monitoring may lead to complications
• Inadequate pre-op investigation: Not using MRI scans or X-rays to assess congenital issues.
• Post-operative neglect: Ignoring signs of infection, nerve damage, or failing to act on complications.

 

If any of these apply to your case, you may have grounds for a medical negligence claim.

 

What Should You Do Next?

If you suspect your scoliosis surgery went wrong due to negligence, here’s a step-by-step guide to action:

 

1. Gather Evidence

Start by collecting:

 

• Medical records
• Surgery reports
• Post-operative assessments
• Photographs of physical changes
• Witness statements (if applicable)

 

2. Seek a Specialist Solicitor

We partner with experienced clinical negligence solicitors who can provide you with a free assessment with an initial, no-obligation consultation. They also offer No Win, No Fee agreements to reduce financial stress.

 

3. Request an Expert Medical Opinion

Your solicitor will arrange for an independent medical expert to review your case and determine if negligence occurred.

 

4. Submit a Letter of Claim

This formal document outlines your allegations and is sent to the healthcare provider, which may be a NHS Trust or private provider. They are given a time limit in which to respond.

 

5. Negotiate or Litigate

Many cases settle out of court. If not, your solicitor may proceed to litigation.

 

Real Case Studies: Scoliosis Surgery Compensation

✅ £5.6 Million Settlement

A 26-year-old woman became paraplegic after negligent scoliosis surgery. She received a lump sum and annual payments for life.

 

✅ £4.8 Million Compensation

A 15-year-old girl sustained a spinal cord injury during surgery, after which she was wheelchair dependent. Despite a rare underlying condition, the court found negligence and awarded a life-long care package.

 

These cases highlight the potentially life-changing impact of surgical errors and the importance of seeking justice.

 

How Much Compensation Could You Receive?

Compensation varies based on:

 

• Severity of injury
• Impact on daily life
• Loss of earnings
• Cost of care and rehabilitation
• Psychological trauma

 

Typical payouts may range from thousands of pounds to considerable sums for severe cases. Your solicitor will be able to provide you with an estimate regarding your claim

 

FAQs: Scoliosis Surgery Negligence Compensation

 

Can I claim compensation if my scoliosis surgery caused paralysis?

 

Yes, if the paralysis resulted from surgical negligence, such as poor monitoring or misplaced screws.

 

What is the time limit for making a claim?

 

You generally have three years from the date of surgery or when you first became aware of the negligence. Exceptions include children under 18 and patients who lack mental capacity.

 

 Can I claim against the NHS?

 

Yes. NHS Trusts can be held liable for negligent treatment. Many claims are settled without going to court.

 

What if the surgery was done privately?

 

You can still claim compensation. The process is similar, but the claim is made against the private provider.

 

Do I need to pay upfront legal fees?

 

The lawyers we work with offer No Win No Fee agreements, meaning you won’t pay unless your claim succeeds.

 

Act Today

If scoliosis surgery has left you with unexpected complications, don’t suffer in silence. Clinical negligence can have serious consequences, but a successful claim for compensation can help you to get your life back on track.

Our friendly team at First Personal Injury can guide you through the process to get the compensation you deserve.

 Call us at 0333 358 2345 or contact us online for your no-obligation consultation at a time which suits you.

 

 

This blog is for informational purposes only and does not constitute legal or medical advice. Always consult with a medical professional and a qualified solicitor to understand your specific circumstances.