Decompression Surgery Gone Wrong: Who is Legally Liable?

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Decompression surgery, also known as lumbar laminectomy, is a type of surgery for the spine. Decompression surgery is normally performed on people who suffer from a condition known as spinal stenosis, which occurs when the spinal canal in the lower back has become compressed over time by vertebra that have degenerated or ruptured. These misshapen vertebras take up more room, which compresses the nerve roots in the spine. This causes persistent pain, often accompanied by a numbness and weakness in the legs and feet.

Is This a Common Occurrence?

Decompression surgery helps a good percentage of the people who decide to have this surgery. Unfortunately, some of those who go through decompression surgery hoping for pain relief find themselves in more pain after the surgery than before. Failed decompression surgery can also lead to functional incapacitation for patients. Decompression surgery gone wrong is one of the causes of what is known as Failed Back Surgery Syndrome, and about 10 to 40 percent of those who undergo the various types of back surgery end up with a health problem they never expected.

Who Is Responsible?

All back surgeons and medical professionals have a responsibility to:

  • Accurately evaluate a patient’s back condition
  • Make the proper diagnosis of the patient prior to performing decompression surgery
  • Carry out the surgery using the least invasive and most professional surgical methods

Take any and all preventative measures necessary in order to circumvent or make the patient’s back condition worse
Any time a back surgeon or other medical professional does not use prudence and reasonable care and causes a patient’s decompression surgery gone wrong, then these people can be held legally liable for the pain, suffering, and other damages that the patient must suffer. Many times, a back surgeon will carry out decompression surgery in a safe and professional manner, but the condition of the patient causes the surgery to fail. A patient who receives decompression surgery may have been improperly diagnosed, or may have been given inappropriate or insufficient rehabilitation and/or physical therapy after going through the surgery.

Where to Find Help

Decompression surgery gone wrong can be contributed to or caused by negligence by the surgeon or another medical professional. If you or someone you know is suffering from this all too common problem, you may be able to file a medical malpractice lawsuit. An attorney who is knowledgeable about surgical malpractice should be consulted in order to determine if you do indeed have a valid malpractice case.

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