Spinal fusion surgery permanently connects two or more vertebrae, eliminating motion between them.
This is done using bone grafts and metal hardware to hold the vertebrae together while the bone heals.
The goal is to stabilize the spine, reduce pain, and correct deformities, often for conditions like degenerative disc disease, scoliosis, fractures, or herniated discs.
However, the procedure is complex and can be dangerous, with potential for medical mistakes.
It's crucial to have a lawyer if complications arise to defend your rights and help you seek compensation.
Symptoms of a Failed Spinal Fusion
A failed spinal fusion, also known as failed back surgery syndrome (FBSS), occurs when the surgery does not achieve the desired outcome, leading to persistent or worsening symptoms.
This failure can manifest in various ways, including:
- Persistent or increased back pain that does not improve over time.
- Decreased mobility or new pain in different areas of the spine or body.
- Numbness, tingling, or radiating pain in the legs.
- Development of new symptoms such as muscle spasms or difficulty in performing daily tasks.
- Psychological complications, including depression due to chronic pain from a spinal cord injury.
The causes of a failed spinal fusion can be multifaceted, including surgical errors, inadequate initial diagnosis, postoperative complications, or the use of defective medical devices.
Establishing Medical Negligence in Spinal Surgery Cases
To establish negligence in spinal fusion medical malpractice cases, it is essential to identify and prove specific failures or errors that occurred during the medical care process. Key areas to investigate include:
- Failure to Diagnose or Treat Properly: Medical professionals, including surgeons, are expected to accurately diagnose and treat spinal conditions. A failure to do so, such as misdiagnosing the condition or delaying appropriate treatment, can lead to unsuccessful surgical outcomes and further complications.
- Surgical Errors: Mistakes made during the surgery itself can cause a spinal fusion to fail. These errors can include operating on the wrong site, damaging surrounding tissues or nerves, improper placement of hardware, or using inadequate surgical techniques.
- Defective Medical Devices: The use of faulty or defective medical devices during spinal fusion surgery can result in the failure of the procedure. Defects can include issues with the design, manufacturing, or labeling of devices such as screws, rods, or plates used to stabilize the spine.
- Lack of Informed Consent: Patients must be fully informed about the risks, benefits, and alternatives to spinal fusion surgery. If a healthcare provider, including the surgeon, fails to obtain proper informed consent, the patient may not be aware of the potential complications and risks associated with the procedure.
Establishing these elements of negligence requires thorough investigation and evidence, including medical records, expert testimony, and a detailed review of the surgical process. A skilled attorney can help gather this evidence, build a strong case, and advocate for the compensation you deserve.
Legal Process for a Failed Spinal Fusion Lawsuit in Baltimore
If you have experienced a failed spinal fusion procedure, understanding the legal process for pursuing a lawsuit is crucial. Here's an outline of the steps involved:
Gathering Evidence
The first step in building a strong case involves gathering comprehensive evidence. This includes:
- Medical Records: Collect all relevant medical records, including pre-surgery consultations, surgical reports, and post-surgery follow-ups. These documents are essential to demonstrate the timeline and details of your medical care.
- Expert Testimony: Obtain testimony from medical experts who can explain how the standard of care was not met and how this led to the failed surgery. Expert witnesses can provide critical insights and support your claims of negligence.
Proving Negligence
To succeed in a medical malpractice lawsuit, you must prove negligence. This typically involves establishing:
- Standard of Care: Show what the accepted medical standards are for spinal fusion surgeries and how the healthcare provider deviated from these standards.
- Causation: Demonstrate a direct link between the provider's negligence and the failed surgery, proving that the errors made during the procedure caused your ongoing issues.
- Damages: Detail the physical, emotional, and financial damages you have suffered as a result of the failed spinal fusion. This includes medical expenses, lost wages, and pain and suffering.
Filing the Lawsuit
Once sufficient evidence is gathered and negligence is established, the next steps are:
- Statute of Limitations: Be aware of the legal time limits for filing a medical malpractice lawsuit in Baltimore. Typically, you have a specific period from the date of the injury or the discovery of the injury to file your claim.
- Necessary Documentation: Ensure that all required legal documents are accurately prepared and submitted. This includes the complaint outlining your allegations, evidence, and the damages you seek.
Potential Defendants
Identify all parties who may be liable for your failed spinal fusion, which can include:
- Surgeons: The primary surgeon performing the procedure may be held responsible for surgical errors or lack of proper care.
- Hospitals: The hospital where the surgery was performed might be liable for any systemic issues, such as inadequate staffing or improper protocols.
- Medical Device Manufacturers: If defective medical devices contributed to the failed surgery, the manufacturers of these devices can also be named as defendants.
Compensation for Negligent Failed Spinal Fusion Cases
If you have experienced a failed spinal fusion due to negligent medical care, you may be entitled to various forms of compensation. Successful verdicts in these cases often include the following types of damages:
- Medical Expenses (Current and Future): Compensation for medical expenses includes all costs related to the failed surgery. This covers hospital bills, surgery costs, medication, rehabilitation, and any future medical treatments required to address complications from the negligent procedure.
- Lost Wages and Reduced Earning Capacity: A failed spinal fusion can significantly impact your ability to work. Compensation can cover lost wages for the time you were unable to work due to your condition. Additionally, if the injury has permanently reduced your ability to earn, you may be entitled to compensation for reduced earning capacity.
- Pain and Suffering: This type of compensation addresses the physical pain and emotional distress caused by the failed surgery. Pain and suffering awards take into account the severity and duration of your pain, as well as the impact on your overall quality of life.
- Disability and Loss of Quality of Life: Compensation may also be awarded for any long-term disability or permanent loss of function resulting from the failed spinal fusion. This includes adjustments to your living conditions, loss of enjoyment of life, and other lifestyle changes caused by negligent medical care.
Why You Need a Medical Malpractice Lawyer
When dealing with a failed lumbar spinal fusion due to medical negligence, having a specialized medical malpractice lawyer is crucial. Here's why:
- Experience in Handling Spinal Fusion Malpractice Cases: A medical malpractice lawyer with experience in cervical and lumbar spinal fusion cases understands the specific challenges and intricacies involved. They know how to build a strong case by gathering relevant medical records, consulting with expert witnesses, and identifying the precise errors that occurred during your surgery.
- Understanding of Medical and Legal Complexities: Cervical and lumbar spinal fusion malpractice cases require a deep understanding of both medical and legal aspects. A skilled lawyer can navigate the complex medical terminology, procedures, and standards of care, ensuring that every detail is meticulously examined and presented effectively in court.
- Ability to Negotiate with Insurance Companies and Represent in Court: Insurance companies often attempt to minimize payouts in malpractice cases. An experienced lawyer knows how to negotiate assertively with insurers to seek fair compensation. If a settlement cannot be reached, they are prepared to represent you in court, advocating for your rights and striving to achieve the best possible outcome for your case.
Having a dedicated medical malpractice lawyer by your side increases your chances of successfully proving negligence and securing the compensation you deserve for your suffering and losses.
Contact Our Expert Medical Malpractice Attorney
If you have suffered due to a failed cervical or lumbar spinal fusion, it is crucial to seek legal advice from an experienced medical malpractice attorney.
I am committed to answering your questions and guiding you through the intricate process of spinal fusion lawsuits.
In addition to spinal fusion cases, I handle medical malpractice, birth injuries, wrongful death, surgical errors, emergency room malpractice, misdiagnosis, medication errors, and nursing home neglect cases in Maryland.
I offer a free consultation and will gladly discuss your case with you at your convenience.
Contact me today to schedule an appointment and take the first step toward securing the compensation and justice you deserve.