What Is Spine Surgery Malpractice?

Spine surgery can significantly improve quality of life, but they also carry substantial risks. When medical professionals fail to uphold their expected standard of care, the results can be devastating.

The Complexity and Risks of Spine Surgery

Spine surgery is inherently complex due to the intricate anatomy of the spinal column, which houses the spinal cord and a network of nerves critical to bodily function. The proximity of these delicate structures means that even minor errors can lead to severe complications, including paralysis, chronic pain, and even death.

Common Types of Spine Surgery Malpractice

Malpractice in spine surgery can occur in various forms, including:

Surgical Errors

Mistakes during surgery, such as incorrect incisions, nerve damage, or operating on the wrong site, can have severe and lasting impacts on a patient’s health.

Misdiagnosis or Delayed Diagnosis

Failing to correctly diagnose a spinal condition can lead to inappropriate or delayed treatment, exacerbating the patient’s condition.

Improper Surgical Technique

Using incorrect or outdated surgical techniques can result in failed surgeries, requiring additional procedures and prolonging patient suffering.

Post-Surgical Infections

Failure to maintain a sterile environment or properly monitor a patient post-surgery can lead to infections, which can be life-threatening if not promptly treated.

Inadequate Preoperative and Postoperative Care

Proper patient evaluation before surgery and diligent follow-up care are crucial. Neglect in these areas can lead to complications and poor recovery outcomes.

Proving Spine Surgery Malpractice

Spine surgery malpractice claims in New York require plaintiffs (victims) to establish specific elements to prove their case. Here are the key components:

Duty of Care

First, establish that a doctor-patient relationship existed, meaning the spine surgeon owed the patient a duty of care. The surgeon is expected to deliver care consistent with accepted medical standards.

Breach of Duty

Show that the spine surgeon breached this duty by deviating from the standard of care. This involves proving that the surgeon’s actions or omissions were not what a reasonably competent professional would have done under similar circumstances.

Causation

Evidence of a direct link between the breach of duty and the injury suffered. Demonstrate that the injury would not have occurred but for the surgeon’s negligence. Expert medical testimony is often required to establish this connection.

Damages

Show that the patient suffered actual damages due to the breach. This includes physical pain, emotional suffering, additional medical bills, and lost wages. Detailed documentation and evidence of these damages are essential.

How an Attorney Can Help

Navigating a spine surgery malpractice claim can be complex and stressful. An experienced attorney will provide essential guidance and support, helping you through each step of the process. To build a strong case, a White Plains medical malpractice lawyer will gather all necessary evidence, such as medical records, witness statements, and consultations with experts. Many malpractice cases are settled out of court.

Your attorney will negotiate with insurance companies to ensure you receive a fair settlement that covers all your losses. This includes current and future medical expenses, lost wages due to your inability to work, compensation for physical pain and emotional distress, and costs associated with physical therapy, rehabilitation, and ongoing care. If a fair settlement cannot be reached, your attorney from Fiedler Deutsch, LLP will be prepared to take your case to court.