What to Do If You Still Have Pain After Spinal Surgery

Primary Keywords: pain after spinal surgery, failed spinal surgery, nerve pain after back operation

Still in Pain After Spinal Surgery? Here’s What You Need to Know

Spinal surgery is often seen as a solution to debilitating back or nerve pain — a final step after failed conservative treatments like physiotherapy or injections. But what happens when surgery doesn’t help? Or worse, when it makes things worse?

If you're still in pain weeks or months after spinal surgery, you’re not alone. Many people experience ongoing symptoms, new nerve pain, or even loss of mobility. Sometimes these outcomes are a known risk. Other times, they may be the result of negligent surgical care, improper follow-up, or failure to diagnose complications early.

At Reframe Legal, we help people navigate the legal questions that arise after a failed spinal surgery — with compassion, expertise, and clear advice.

Is Post-Surgery Pain Normal?

Some level of discomfort is expected in the days and weeks following spinal surgery. Your body needs time to heal, and temporary pain can occur from:

  • Surgical incisions

  • Nerve irritation or swelling

  • Muscle tension

  • Scar tissue formation

However, if your original pain persists or you develop new symptoms — such as shooting nerve pain, weakness, numbness, or bladder/bowel issues — it may signal a more serious issue.

Persistent pain is not always a sign of negligence, but it does warrant investigation.

When Does Pain Become a Legal Issue?

A poor outcome from surgery is not enough, on its own, to bring a claim. However, you may have a legal case if:

  • You were not properly warned about the risks of the procedure

  • The surgeon performed the wrong surgery or used the wrong technique

  • There was a delay in identifying post-operative complications

  • You experienced nerve damage due to avoidable error

  • The follow-up care was inadequate, causing deterioration

  • You were told everything was “fine” when new damage was occurring

In these cases, the law may recognise that your surgeon breached their duty of care — and that you suffered harm as a result.

What Records and Reviews Are Important?

If you're considering whether to take legal action, the first step is gathering your documentation. These include:

  • Your pre-operative imaging and reports

  • The informed consent documentation

  • Detailed surgical and hospital records

  • Post-operative imaging, scans, and treatment notes

  • Referral letters to and from other specialists

  • A timeline of your symptoms and appointments

We also recommend documenting your ongoing symptoms and how they affect your life — including work, mobility, sleep, and mental health.

At Reframe Legal, we work with independent spinal surgery experts who can assess whether your outcome reflects acceptable care, or if a clear breach occurred.

Do I Need a Second Opinion Before Seeking Legal Advice?

Not necessarily — but getting a second medical opinion can help you:

  • Understand the current state of your spine

  • Learn whether revision surgery is needed

  • Clarify whether the original surgery caused harm

In many cases, the new specialist may raise concerns that can support your case. If you've already had a second surgery to correct the first, this can be a key piece of evidence in your claim.

Even if you're unsure whether anything was done “wrong,” it's worth getting legal advice — sooner rather than later. Strict time limits apply to personal injury claims, and delays can limit your ability to recover compensation.

Book a Confidential Consultation

If you're still in pain months after spinal surgery, you may be entitled to compensation — especially if your surgeon failed to warn you about the risks, didn't respond to complications, or used substandard techniques.

At Reframe Legal, we understand how devastating it can be when a procedure you trusted leads to more harm. We’ll help you assess whether your experience meets the legal threshold for negligence — and what compensation may be available to support your recovery.

Dr. Rosemary Listing

I have a PhD in law, and I am an experienced lecturer and medical negligence lawyer specialising in consumer protection, advocacy, trauma and complex litigation 

https://www.reframelegal.com
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