In order to hold a spinal surgeon liable for disability, a patient must prove that negligence played a role in actions or inactions that ultimately caused or contributed to the patient developing a disability. Spinal surgeries present grave risks for patients, especially in regards to mobility complications and disability issues, if the spinal surgeon acts negligently. To determine if a spinal surgeon is liable for a disability, patients must first not only prove that negligence did occur, but also, that the negligent action was the proximate cause of the disability and other damages. From a legal perspective, proving negligence and proximate cause in a spinal surgery case will require not only legal counsel, but also, opinions and testimony from expert medical witnesses, who can investigate and corroborate claims of negligence in a relatively complex medical matter.
Proving Negligence in Spinal Surgery Malpractice Cases
Before establishing any other legal element of a viable claims case, a patient and his or her legal counsel must prove that negligence played a role in a given spinal surgery. This will require first establishing what the applicable standard of care in the patient’s exact procedure was, and in turn, determining whether a given surgeon’s actions deviated from this standard of care. From a legal perspective, an accurate determination of standard of care and breach of duty of care will require not only legal insight from a medical malpractice lawyer, but also, testimony from a medical expert witness with experience in analyzing spinal surgery claims cases.
Proving Proximate Cause in Spinal Surgery Malpractice Cases
Even if negligence is proven, a patient is still tasked with proving the damages they have sustained are the proximate cause of negligence by the spinal surgeon. Again, the patient will rely on legal counsel and expert medical testimony to establish that the given negligent act caused damage to the patient (in spinal cases, often nerve damage) that ultimately caused the patient’s disability. A patient may experience one of many types of disability, but typically, these will potentially include partial temporary disability, total temporary disability, partial permanent disability, or total permanent disability.
Getting Legal Help with Spinal Surgery Disability Claims
Medical malpractice is a relatively complex body of law that seeks to settle claims arising from another relatively complex subject matter, modern medicine. In spinal surgery claims, the standard of care and whether a breach occurred is the most crucial element in holding a surgeon liable for disability claims. This will require the insight and guidance of legal counsel.
