Key signs of negligence in spinal fusion cases include persistent back pain, which may radiate down to the legs. While it’s normal to experience some pain after a surgical procedure, the pain associated with failed back surgery syndrome does not go away over time. In fact, it can get even worse and cause a patient to lose their ability to perform daily tasks. This condition can lead to other medical complications as well.
There may be a couple of reasons for negligence in a spinal fusion medical malpractice case. Medical malpractice could involve a failure to diagnose and treat in a timely manner, defective medical devices, and surgical errors. If you or a loved one suffered injuries due to a negligent spinal fusion surgery, a Columbus medical malpractice lawyer can help you file a claim or lawsuit for compensation.
Symptoms of Failed Back Surgery Syndrom Often Point to Negligence in Spinal Fusion Cases
According to Cedars Sinai, spinal fusion surgery involves attaching the bones in the spine to an immobile medical device. If the bones fail to fuse, though, it can lead to a host of painful symptoms, including:
- Decreased mobility
- Sharp, stabbing back pain
- Numbness or pain that radiates from the lower back into the legs
- Back spasms
- New pain in an area different from the location treated
- An inability to recuperate
StatPearls even notes psychological complications due to a failed spinal fusion surgery, such as depression and potential dependence on painkillers, since patients often treat their chronic pain with medication.
These symptoms could indicate that medical negligence might have occurred during a spinal fusion surgery. We have listed below some of the medical errors that can cause failed back surgery syndrome.
Signs of Medical Negligence in Spinal Fusion Surgeries
Sometimes, failed back surgery syndrome can occur even in the absence of any form of medical negligence. Still, it is important to understand when this injury could have been prevented by applying the standard of care.
According to Surgical Neurology International, some common signs of medical negligence in spinal surgery cases include failure to diagnose or treat and surgical errors. Lack of informed consent also accounts for some medical malpractice cases.
Even if there was no negligence on the part of a medical professional, such as a surgeon, a defective surgical device can also cause failed back surgery syndrome. In any of these instances, multiple parties may bear liability for the victim’s losses.
Failure to Diagnose or Treat
A medical professional may fail to diagnose or treat a patient who needs back surgery in a timely manner. In these cases, the original medical issue, such as a bone fracture in the spine, goes untreated for so long that it renders surgical intervention less effective.
It’s also possible that the wrong procedure was performed in lieu of a spinal fusion. Either way, various medical professionals, such as doctors, surgeons, and medical assistants, may be liable. If your doctor failed to properly diagnose or treat your back injury, a misdiagnosis lawyer can assist with your case.
Surgical errors that can signal negligence in spinal fusion cases can include:
- Operating on the wrong side or area of the body
- Anesthesia errors
- Surgical tools left in the body
- Organ damage
- Spinal nerve damage
These forms of negligence can lead to other medical issues, such as spinal infections. If you or a loved one suffered such a complication, a spinal infection lawyer can help you seek compensation.
Defective Medical Devices
Medical device manufacturers have a responsibility to produce safe products. Whether they failed to properly label and warn users about complications or allowed design defects to occur, these companies may bear some or all of the blame for an injury.
In spinal fusion cases specifically, a defective surgical device may malfunction or migrate to other parts of the body, for example. A bad medical device lawyer can investigate your case and determine if the manufacturer of the device is liable for your damages.
Establishing Negligence in a Spinal Fusion Case
Any medical malpractice case requires that the victim proves a negligent party failed to provide them with a standard of care, resulting in their injuries. Specifically, they must show that another reasonable medical professional would have diagnosed or treated them differently than the negligent party did.
- Investigate how your medical care led to your injuries
- Gather evidence, such as medical records and medical expert witness testimony
- Handle the paperwork for your insurance company claim or lawsuit
- Communicate with the liable parties, their insurers, and their representatives
- Negotiate for a fair settlement
- Represent you in a trial
While you rest and recuperate from your injuries, a law firm can seek fair compensation that can help you access any ongoing care you require.
Potential Compensation in a Failed Spinal Fusion Case
You may have suffered various losses that warrant compensation. A medical malpractice attorney can seek awards for:
- Current and future medical expenses
- Pain and suffering
- Lost income
- Reduced earning capacity
- In-home aid and home modifications
- Loss of quality of life
A wrongful death lawyer can also help your family seek financial recovery if you lose a loved one due to complications from a medical error. We can fight for justice and help your family cope in your loved one’s absence.
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Our medical malpractice attorneys provide compassionate, client-focused legal care. Let us handle the legal process in your negligent spinal fusion case while you focus on your health. Contact The Fitch Law Firm LLC today for a free consultation.
We can explain more about the key signs of negligence in spinal fusion cases and explore your legal options.
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