Medical Negligence During Spinal Surgery. Can I Sue?

When an individual undergoes spinal surgery, there are various risk factors as with any major surgery.  However, when a physician commits medical negligence, providing unreasonable medical care which falls short of the standard of care owed to a patient, the physician may be liable for any resulting injury. 

Possible Injuries Stemming From Negligent Spinal Surgery

• Nerve injury
• Brain damage
• Stroke
• Paralysis
• Sexual dysfunction
• Hardware fracture
• Implant migration
• Delayed union/non-union of fusions
• Wrongful Death

Medical Negligence and a Doctors Liability

Liability for the performance of spinal surgery can arise in several ways.  Initially, physician error can account for medical malpractice.  For example, if a surgeon accidentally causes a laceration of a major blood vessel while performing spinal surgery, such laceration can lead to death.  This error can provide the basis for a medical malpractice action.  Additionally, if a physician performs spinal surgery without any medical reason, and the surgery leads to an injury, this can result in medical malpractice.  Moreover, failure to monitor the patient during and after spinal surgery can lead to a cause of action for medical malpractice against the surgeon, hospital personnel and/or the hospital where the surgery was performed.  Furthermore, failure to promptly attend to the patient during or following surgery can cause injury which may result in malpractice.

Can I File a Lawsuit Against the Doctor?

Medical malpractice lawsuits are notoriously difficult to prosecute. Thus, an experienced, knowledgeable attorney should be sought.  One should research the background of the attorney in order to obtain information indicating the attorney’s experience in handling medical malpractice cases involving spinal surgery, or related types of medical malpractice cases involving surgical malpractice.  The medical malpractice attorney can investigate whether your case comes within the ambit of a malpractice cause of action.

What Factors Will Play a Role in the Lawsuit?

Factors which will be considered include the underlying facts, medical history, medical records, expert analysis and the statute of limitations.  Furthermore, an attorney who possesses experience in handling surgical malpractice will have a sophisticated medical and legal understanding of how a surgeon’s actions during or after spinal surgery can result in injury and malpractice; this expertise can result in the recovery of substantial amounts for the patient.  Finally, a medical malpractice attorney will understand the law, as well as medical and scientific issues, in order to construct a strong case.