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What to Do When a Spine Surgery Has Gone Bad

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Spinal surgery going bad is not always indicative of malpractice or negligence on the surgeon’s part. Sometimes, spinal surgery simply goes bad because of a syndrome known as failed back syndrome. FBS can be very irritating for both surgeons and patients and can hinder the patient’s quality of life massively.

There is very little that a patient can do should they experience FBS, and they must deal with the situation as it comes to them. Treatment following FBS is subjective entirely to the situation as it unfolds, and a cure is never guaranteed.

Unfortunately, not all instances of spinal surgery going bad are down to FBS, or things out of the control of the surgeon, and in some cases, it is down to malpractice and negligence. If you have been the victim of a negligent surgeon, it is crucial you continue reading this page, for this page will hope to tell you what you should do when your spinal surgery has gone bad. Spinal surgery is always a risky type of surgery, and there are many things that can potentially go wrong, but if you are certain that the surgery went bad as a result of malpractice then it is crucial you pursue legal action. Here is what you must do when spinal surgery goes bad.


Before anything else, you must give yourself time to recover. With most malpractice and medical negligence cases, you have a statute of limitations that will allow you a grace period before the case cannot be pursued in court. You should use this to your advantage and ensure your full recovery (and possibly more treatment) before launching your lawsuit. Lawsuits can be very stressful, very drawn out, and a real headache. Because of this, recovery is essential. After botched spinal surgery, you will likely be very weak, tired, and unwell, painkillers simply will not do the job. You must recover, and by pursuing a legal action before you have an opportunity to recover properly, you may hinder your recovery and wind up very unwell and quite sick. Recovery is absolutely essential; never compromise your health.

Legal advice

Once you are fit and well and are on the road to recovery, it is essential that you consult an attorney and receive legal advice. Spinal surgery going bad is a very serious issue and one that warrants legal attention. You may be able to claim a lot of money in compensation, so it is essential you receive proper legal advice and good quality representation. The outcome of your case will depend on the representation that you seek, so it is essential that you get the right legal advice from the outset, lest your case fails. Medical malpractice attorneys represent cases from hernia mesh surgery, to personal injury, all the way to spinal injuries, so finding an attorney should not be difficult. It may be best to find a no-win-no-fee attorney; as having one of these attorneys means you will not be set back by any initial costs.

State-funded benefits

The likelihood is, if you have experienced botched surgery, you will be unable to work and will have to take time out until you have recovered or received further treatment (if possible). State-funded benefits will be a good solution to tide you over until you have a treatment plan in place or have received financial compensation. You may be unable to work as a result of botched spinal surgery, so having some financial back-up arranged is essential. When you are out of work, you can very quickly see your finances piling up, and you can quickly spiral into debt.

Mortgage holidays

As was mentioned previously, spinal surgery, when botched, can cause serious, life-changing injury. If you are unable to work and have been put out of employment because of your surgery, you may want to apply for a mortgage holiday. Most lenders will consider giving you a mortgage holiday if you have been put out of work because of a serious injury – and you will be able to have a brief break until your finances are back in order, or until you win your compensation. Mortgage holidays are subject to your mortgage lender and may not always be an option.


When seeking further treatment, the logical option is to avoid treatment with the provider who was responsible for your injury. Treatment may or may not be an option depending on the severity of your injuries and should be considered on a case by case basis.

Spinal surgery is a very risky procedure, fraught with danger. You should always be aware things may go wrong during spinal surgery.

James Wallace has been an advocate for mental health awareness for years. He holds a master’s degree in counselling from the University of Edinburgh.

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