Is Delayed Cervical Decompression Negligent?
Compression of the cervical spine may require urgent surgery and a delay may be considered as negligent. It may also justify a claim for compensation.
Why does the cervical spine matter?
The cervical spine is the section of the spine which is located in the neck. It houses nerves which run from the brain to various parts of the body, initiating movement and responding to sensation.
The nerves run through the spinal canal which can become compressed, thus causing the nerves to cease to function. As the degree of compression increases, the extent of nerve dysfunction may increase too, leaving the patient to suffer an array of possibly permanent and disabling symptoms.
Part of the function of the spine is to protect these fragile and utterly vital nerves. However, if the spine becomes damaged and the nerves are squashed, information cannot be passed between the brain and the rest of the body.
Damage to the spine may happen gradually over time and not cause significant symptoms. However, nerve dysfunction can develop and may require a surgical response.
The possible effects of cervical myelopathy
An individual who is suffering from cervical myelopathy may experience a range of debilitating symptoms. This can include tingling, numbness and weakness in the hands which can cause significant problems with manipulation and dexterity. It may become tricky to hold a cup or plate, for example, or to do up shirt buttons or write.
The patient may experience shooting pains in the arms or legs which have been described as feeling as if there are fireworks under the skin.
The patient's balance and mobility may suffer and they may need a walking stick in order to be able to walk safely.
Over time these symptoms may gradually worsen, emphasising the need for prompt treatment where this is appropriate.
Causes of cervical myelopathy
Compression of the cervical spine can occur as a development of spinal stenosis, the narrowing of the spinal canal, as a product of the natural ageing process.
However, it can also be caused by other factors such as trauma to the neck, a tumour or an infection in the spine.
Although generally associated with the older population, it can occasionally occur in younger people.
The progressive nature of the condition should justify a prompt medical response.
Negligent delays
A delay in treatment, or a delay in diagnosis leading to a delay in decompression surgery, may be considered as negligent.
Where the patient's symptoms are indicative of cervical myelopathy, investigation in the form of an MRI or CT scan may be necessary to confirm the underlying cause of those symptoms.
A thorough clinical examination should also be undertaken to assess for the symptoms which might suggest a neurological cause.
A failure to consider that nerve compression may be at the root of the patient's symptoms may lead to a delay in referral and a delay in treatment, thereby allowing the patient's symptoms to deteriorate.
Claiming compensation
If the patient suffers long-term debilitating symptoms due to a delay in initiating treatment, they may be able to be recompensed for their unnecessary pain, suffering and any financial losses associated with the delay.
Where a period of delay does not lead to any deterioration in the patient's symptoms or additional symptoms, a claim for compensation may not be appropriate.
Legal advice
If you or a loved one are struggling with the long-term impact of compression of the cervical spine due to a delay in accessing surgery, contact Glynns to discuss your situation with a specialist medical negligence solicitor.
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