Spinal Surgery Malpractice
Your doctor should discuss your medical options with you before surgery. Sometimes, the doctor may send you to physical therapy to address the problem.
However, a medical procedure may be necessary in some cases. If you are having spinal surgery, you are not alone. There are over a million spinal procedures in the United States each year.
Roughly half of all spinal procedures fail to relieve the pain, however, and in some cases, patients suffer additional injuries during their surgeries or postoperative care. Depending on what went wrong, you may have a medical malpractice claim.
Experienced Cook County Medical Malpractice AttorneyMedical negligence causes the need for additional procedures or causes severe harm. It greatly diminishes the victim’s quality of life.
A plaintiff may file a legal action against the health care provider for the cost of revisionary procedures, therapy, ongoing care, and additional economic losses that have resulted from the personal injury. They can be held accountable for their medical error.
Types of Surgical Spinal ProceduresBack injuries and the subsequent forms of treatment required to correct them fall into two categories. There is compression, in which decompression is required.
Then there is stabilization in which weak muscles, bones, or supportive cartilage result in ongoing pain or disability. The surgery removes bone fragments and restores the alignment of the vertebrae.
Surgical treatments vary and are dependent upon the location and type of the injury and the prognosis for the patient.
Decompression Spine SurgeryDecompression surgeries relieve pain by releasing the pressure on the affected nerves and addressing the damage that is causing the compression. Stabilization procedures work to strengthen the spine by providing support in the form of screws and plates that are fused during surgery.
Spinal Surgery Medical Malpractice CasesThere are numerous ways in which treatment can go wrong during and following spinal surgery, which is why all risks must be discussed with patients prior to treatment. The patient must know the risks of the procedure so they can decide whether to have the surgery. Unfortunately, the surgeon does not discuss the risks of a medical error.
The health care provider must act as a reasonable person would under similar circumstances. While not every orthopedic surgery is successful and provides the necessary pain relief, the patient and family members have the right to expect that they will not be injured. If not, the plaintiff may file a malpractice claim when the medical procedure is the proximate cause of their injury.
When you go into the hospital for spinal stenosis surgery and end up with an irreparable injury, you have a negligence action. Even if your medical care leaves you in physical therapy because of a mistake that the surgeon made, you may still file a lawsuit for medical malpractice.
Surgical Procedure Injuries
- Misplacement of screws, plates or other hardware— the misplacement of the very equipment that is designed to relieve pain and repair damage can be the cause of even more severe injuries. This is not a common problem, but it is an example of negligence.
- Failure to manage medications— certain medications such as blood thinners can increase the risk of severe bleeding and doctors need to be aware of when patients are using these medications so that they can discontinue their use in order to avoid excessive internal bleeding during and following surgery.
- Development of clots and hematomas— blood clots may form while the body is trying to heal and can pose significant risks if they travel to critical areas of the body such as the heart or lungs. If hematomas form along the spine, the victim could suffer from permanent paralysis.
- Incision errors— an improper incision could damage or sever a major blood vessel or nerve and result in severe injury or disability.
- Irreparable damage to the spinal cord— skin, muscle, and bone all heal after time when they have been damaged but harm to the nervous system is permanent. Nerves do not grow back or heal. For this reason, any injury that occurs to the spinal cord during surgery is beyond repair.
Spinal Cord Medical Malpractice Injuries
A spinal cord injury is among the most devastating types of medical negligence that there is. Oftentimes, medical negligence cases involve an injury that no amount of physical therapy can fix.
Beyond crippling low back pain, the patient may not even be able to walk or work. When the orthopedic surgeon does not do their job with reasonable care, it can have far-reaching implications. This is a case where the health care provider's negligence robs you of your quality of life. In situations where a surgical error results in the death of a family member, the family may pursue a wrongful death lawsuit against the negligent physician and his or her employer.
The Standard of Care for Spinal Surgery
For surgeries such as spinal stenosis, the health care provider must act as a reasonable person would under the circumstances. While some things may go wrong during the surgery, a reasonable person would not make errors. When the surgeon makes any of the above errors, it is a breach of duty.
If you underwent spinal surgery and were injured during or following the procedure and feel that your injuries were the result of medical malpractice, contact Rosenfeld Injury Lawyers LLC today to begin the process of a medical malpractice case.
You can speak with a malpractice attorney. Our attorneys can help you file a negligence action for the resulting medical condition. We are experienced spinal cord injury lawyers with years of experience in helping our clients.
Damages for Your Spinal Cord Surgery Lawsuit
A verdict or medical malpractice settlement may entitle you to receive payment for your pain and suffering, lost wages, and medical bills. As a claimant, you can hold the surgeon and the hospital responsible in a court of law for medical negligence so long as you file the claim within the statute of limitations.
Illinois state law holds medical professionals to a certain standard of care. When you go in for surgery and end up with a spinal cord injury, the doctor has not given you appropriate treatment and you may have a meritorious case.
Chicago Spinal Malpractice Nerve Injury Lawyers
Our medical malpractice attorneys will evaluate the details of your civil action and collect all of the information that we need to begin an investigation into the cause of your spinal cord injury during a free consultation. As one of the first steps after you hire us as your attorney, our law firm will speak with medical experts to determine whether the surgeon failed to use reasonable care.
We will answer all of your questions about your rights as a patient, your legal options, and how the legal process works. As an experienced Chicago medical malpractice lawyer with decades of experience, we can give you legal advice about a possible spinal cord lawsuit. We have a track record of helping our clients get results.
Once we have evaluated your case, we will let you know how best to proceed and how long the process of litigation will take from beginning to end. Should we be unable to collect compensation on your behalf for your medical malpractice lawsuit, our time and services won’t cost you a dime.