Claim type · Clinical Negligence

Brain & Spinal Surgery Negligence claims.

Missed bleeds on the brain and spinal cord — including haematomas linked to anticoagulant errors — causing avoidable brain damage or paralysis.

Tell us what happened and we'll show you published judgments like yours, outline what you could be entitled to, and, if you choose, put you in touch with specialist solicitors Tomlin & Partners.

Typical range

£100,000 – £5,000,000

Limitation period

3 years

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Brain & Spinal Surgery Negligence
Typical range
£100K – £5M
Time limit
3 years

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§ PUBLISHED JUDGMENTS

Real brain & spinal surgery negligence cases, decided by the courts.

Every case below is a published judgment of the courts of England and Wales, linked to its source. Summaries are ours; amounts appear only where the judgment states them. We include claims that failed, because they show what has to be proved.

Claimant succeeded

Dickinson v Newcastle upon Tyne Hospitals NHS Foundation Trust

[2026] EWHC 1574 (KB)·2026·Liability and damages decided at trial

A 37-year-old alcohol-dependent man admitted for a facial abscess was not given the prophylactic vitamin B1 (Pabrinex) that guidelines required during withdrawal, which the Trust admitted was a breach. The judge found this caused Wernicke's encephalopathy and a lasting functional disorder, and set the main heads of damages including a 24-hour care regime.

Breach was admitted, so the case turned on proving the brain injury was caused by the omission rather than by pre-existing conditions. It illustrates how catastrophic-injury awards are built from a care multiplicand, case management and accommodation rather than a single headline figure.

Claimant succeeded£550,000

Alexander v HCA International Limited & Anor

[2026] EWHC 1284 (KB)·2026·Liability decided at trial

A patient developed life-threatening pancreatitis after a gallstone-removal ERCP. The judge found the consultant never prescribed or instructed the standard preventive diclofenac suppository, so it was not given, and entered judgment for £550,000 against him.

Failing to give a recognised prophylactic drug before a procedure can be negligent even in private care. The prescribing doctor, not the hospital, carried the liability here.

Claim failed

Hakmi v East & North Hertfordshire NHS Trust & Anor

[2025] EWHC 2597 (KB)·2025·Liability decided at trial

An orthopaedic surgeon had a second stroke and the on-call stroke consultant, assessing by telephone because the video link was broken, decided against clot-busting treatment. The judge found documentation was poor but that thrombolysis would probably not have changed the outcome, and rejected the defendants' allegation that the claimant had faked his test results.

Poor record-keeping and a remote consultation do not win a case on their own; the claimant must show the missed treatment would have made a real difference. A defence of dishonesty needs solid evidence and failed here.

Claimant succeeded

Dee v Welsh Ambulance Services NHS Trust & Ors

[2023] EWHC 2765 (KB)·2023·Damages assessed at trial

A man who fell from a scooter in May 2019 alleged the ambulance crew and the A&E department failed to recognise and immobilise a spinal injury, manage his blood pressure or protect him from pressure sores. On an interim payment application the Master was satisfied he would succeed on the hand-function and pressure-sore injuries and ordered £109,006.96.

Where the evidence of breach and causation is strong, a court can order a substantial interim payment before trial to fund immediate needs, even though the final award remains to be decided.

Claim failed

Shally v Imperial College Healthcare NHS Trust

[2023] EWHC 1304 (KB)·2023·Liability decided at trial

During surgery for a giant calcified thoracic disc the surgeon changed from the planned approach to opening the dura, and the patient was left partially paralysed. The judge found the change of approach and the surgical technique were supported by a responsible body of neurosurgical opinion and dismissed the claim.

Changing surgical plan mid-operation is not negligent where the alternative is a recognised, logical approach. Catastrophic outcomes from high-risk spinal surgery do not by themselves establish a breach of duty.

Claimant succeeded

Chapman v Mid & South Essex NHS Foundation Trust

[2023] EWHC 1290 (KB)·2023·Liability decided at trial

A woman with long-standing back pain saw a pain consultant in 2009 and 2010 who did not order an updated MRI or examine her neurologically; a thoracic disc prolapse went undiagnosed until she became paraplegic in 2017. The court held the consultant negligent and that timely surgery would have given a full neurological recovery, but found the A&E nurse practitioner in 2017 was not at fault.

Failing to re-image or examine a patient whose back pain has changed can amount to negligence years before the catastrophic outcome. Each clinician's conduct is judged separately.

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Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

About Brain & Spinal Surgery Negligence Claims

Neurosurgical and spinal negligence claims concern some of the most serious injuries in medicine: damage to the brain and spinal cord that timely diagnosis and surgery would have prevented.

A subdural haematoma is a bleed between the brain and the skull, classically after a head injury — and particularly dangerous in older patients and anyone on blood-thinning medication. The symptoms can be subtle at first: headache, confusion, drowsiness, a fluctuating level of consciousness. NICE head-injury guidance sets out clearly who needs a CT scan and when. Claims arise when patients are sent home without scanning, or deteriorating patients on wards are not re-scanned, and the bleed expands to cause permanent brain damage that earlier surgery would have avoided.

A spinal haematoma — a bleed compressing the spinal cord — is rarer but equally devastating, and is often linked to the incorrect use of anticoagulant medication: blood thinners given when they should have been withheld around spinal procedures such as epidurals and lumbar punctures, or not reversed when bleeding was suspected. Untreated, cord compression progresses to paralysis within hours; the treatment is emergency decompression surgery.

Because the outcomes are typically permanent neurological injury — paralysis, cognitive impairment, loss of independence — awards are substantial: commonly several hundred thousand pounds and £1 million–£5 million or more where lifelong care is needed. Fatal cases fall under the Fatal Accidents Act 1976. The limitation period is generally 3 years from the harm or date of knowledge, with no time limit running while a person has lacked mental capacity since the injury.

Typical Compensation Range

£100Kto£5M

Based on reported settlements and court awards. Individual case values vary significantly.

Limitation Period

3 years

May vary by jurisdiction. Don't wait — time limits apply.

NHS Negligence Data

See real NHS Resolution data related to brain & spinal surgery negligence claims.

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