When is medical negligence to blame for paralysis?

Paralysis is a loss of muscle function in some or all of your body. This happens when something damages the connection between your brain and your muscles. Paralysis can be either complete or partial, and affect one or both sides of the body.

There are two main types of paralysis: localised and generalised. Localised paralysis refers to when a specific part of the body is paralysed, such as the face or hands.

Generalised paralysis refers to when a large part of the body is paralysed, often referring to losing use of limbs. This can include:

• Monoplegia: when one limb is paralysed

• Hemiplegia: when the arm and leg on one side of the body is paralysed

• Paraplegia: when both legs are paralysed

• Quadriplegia: when both arms and both legs are paralysed

When many people consider paralysis, their minds tend to focus on someone being left wheelchair-bound. While this is certainly a type of paralysis, it is not always as apparent as this.

Facial paralysis caused by conditions such as Bell’s Palsy or Ramsay Hunt Syndrome (which Justin Bieber recently announced he is dealing with) also affect thousands of people in the UK and worldwide.

The affected part of the body may also feel a variety of ways:

• Stiff (spastic paralysis) with occasional muscle spasms

• Floppy (flaccid paralysis)

• Numb, painful or tingly

The majority of medical negligence claims relating to paralysis will be as a result of a healthcare professional failing to identify signs of paralysis, leading to a misdiagnosis or delayed diagnosis, rather than actually causing the paralysis.

For example, a GP may fail to recognise symptoms of Cauda Equina Syndrome, a compression on the nerves at the base of the spine that branch out into the lower limbs. If identified, or the patient is referred to a specialist for further examination soon enough, this could limit the nerve damage caused by this condition, and prevent considerable damage.

However, if the symptoms are overlooked or wrongly diagnosed as standard back pain, it can allow the nerve damage to persist and worsen to the point where paralysis is completely unavoidable. A mistake such as this can be the difference between a swift, effective treatment, and a life-altering disability.

There are many symptoms that can indicate compressed nerves, including loss of bladder, bowel and sexual function. If these symptoms are not addressed or misinterpreted by a healthcare professional, the window to resolve this issue without long-term consequences can soon disappear.

How can paralysis be caused during surgery?

A person may suffer paralysis as a direct result of an error during surgery, particularly relating to spinal injuries. There are a number of ways that the negligence of a surgeon can cause an avoidable injury, including:

• Wrong-site surgery which misses the affected area entirely

• Overstretching or cutting a nerve

• Not noticing internal bleeding

• Cutting a vessel which may cut off the blood supply to a nerve

The severity of the injury inflicted during surgery, and whether or not this is identified and rectified post-surgery, determine whether there is temporary or permanent paralysis.

Compensation for a medical negligence claim is divided into two categories:

1. General damages for any pain, suffering and loss of amenities (PSLA) the claimant felt as a result of their injuries

2. Special damages and future losses, covering the financial impact of the negligence in your specific circumstances

It is impossible to immediately assess how much compensation you will receive for a paralysis injury claim – every claim is different, and every claimant will be affected by an injury differently.

For example, if one or both of a builder’s hands become paralysed as a result of medical negligence, this could compromise their ability to find work and earn a living more significantly than someone in another profession. Therefore, the builder may receive a greater sum for loss of earnings.

Factors such as the claimant’s age, economic status, dependants and long-term care requirements will also contribute towards determining a fair amount of compensation for each individual claim.

How can compensation help following paralysis?

The purpose of medical compensation following a medical negligence claim is to help return someone to the position they were in prior to their injuries or, if that is not possible, support the changes to their life moving forward.

Following a successful paralysis claim, the compensation secured can help to cover a number of one-off and ongoing costs, including:

• Adaptations to help the claimant move around their home, such as stairlifts and hoists

• Installation of wet rooms

• Acquiring a new adapted home if the current living space is unsuitable

• Vehicle adaptations

• Aids and equipment, such as wheelchairs and braces

• The salaries of care assistants

• Physiotherapy, hydrotherapy and other treatments

• Loss of earnings

• Travel expenses

We are passionate about ensuring that our clients achieve the compensation they are owed, and take every step to understand how your paralysis has affected you and your family’s lives. By assessing all evidence and working with experienced experts, we calculate an appropriate amount of compensation that will meet your needs in both the short and long term.