Can Medical Malpractice Cause a Spinal Cord Injury?
Spinal cord injuries can be life-shattering. Damage to your spinal cord can mean permanent changes in strength, mobility and ability to function independently that impact every aspect of your life.
When the damage and its devastating effects are the result of a doctor’s diagnostic or surgical error, the mental pain and confusion you feel can be overwhelming. You turn to doctors to identify and treat medical conditions. You trust them to provide health care that will enhance your well-being and help you live a productive life. When their actions or inaction are the cause of a debilitating spinal cord injury, what can you do?
In addition to getting the care you need, it is important for you and your family to know if your injury was actually caused by a doctor’s error or negligence and can be considered medical malpractice. It is especially important to understand what constitutes medical malpractice and what rights you have under Florida law as a victim of medical negligence.
In this blog post, I will answer some of the questions you may have about spinal cord injuries and medical malpractice lawsuits. My goal is to help you understand why it is important to hold negligent healthcare providers accountable and pursue justice for you and your family with the help of experienced Florida medical malpractice attorneys.
When Is a Spinal Cord Injury Considered Medical Malpractice?
In Florida, medical malpractice is defined in Section 766.102, Florida Statutes, as injuries that occur due to actions of a healthcare provider that represent “a breach of the prevailing professional standard of care for that health care provider.” In other words, if a doctor or other healthcare provider is negligent and fails to act as a reasonably prudent medical provider practicing in the same or a similar field of medicine would act and causes a patient to suffer serious injury or wrongful death, the doctor or other healthcare provider can be held legally and financially responsible for medical malpractice.
There are several instances in which a physician’s negligence could result in a spinal cord injury. Among these are:
- Failure to properly diagnose and treat a medical condition or injury. A spinal fracture or dislocation can, for example, lead to significant and permanent injury if not identified and treated properly. Similarly, a misdiagnosed or undetected spinal epidural abscess from an infection or a tumor can result in catastrophic permanent or fatal injury if not promptly and properly diagnosed and treated. Delayed diagnosis and treatment of a spinal epidural abscess will likely lead to paralysis in the form of either paraplegia or quadriplegia.
- A surgical error. During any surgery involving the spine, the surgeon and surgical team must exercise great care to avoid causing injury to vascular structures and nerves. Even a slight error in judgment or technique can result in a permanent injury.
- An anesthesia error. If anesthesia is administered improperly spinal structures can be injured. For example, a vertebral canal hematoma involving the accumulation of blood in the subdural or epidural space can compress the spinal cord and nerve roots potentially causing a catastrophic spinal cord injury. Improper positioning of a patient can also lead to injury.
- Contamination and infection. If a non-sterile or contaminated biologic device is used in lumbar, thoracic or cervical surgery or if post-operative care is negligent, the patient could develop a serious, debilitating infection.
If you or a loved one suffered a spinal cord injury because of a misdiagnosis, a delayed diagnosis, a surgical error, anesthesia error or infection contracted during a medical procedure or in the hospital, you may be the victim of medical malpractice. As such, you have the right to hold the negligent doctor or other healthcare provider legally accountable and pursue compensation for the damages (economic and non-economic losses) you have suffered and may suffer in the future because of their negligence.
Talking with an experienced Florida medical malpractice attorney can help you understand your rights and take the steps necessary to achieve justice.
What Happens When Your Spinal Cord Is Injured?
The spinal cord is a critical part of all bodily functions, so an injury can result in many different complications, including:
- Loss of Sensation – When the spinal cord is injured, it cannot communicate properly with the rest of the body. This can cause pain, tingling, numbness or paralysis.
- Pain – Often, patients have surgery or other procedures performed on their back to relieve pain. If the spine is injured in the process, the pain can be much worse than it was before.
- Chronic Ailments – People with spinal cord injuries are more susceptible to chronic ailments and diseases, such as urinary tract infections, blood clots, painful muscle spasms, osteoporosis, and pneumonia.
- Peroneal Nerve Injury – If the peroneal nerve is injured, a patient will not be able to lift the front part of their foot. Walking can be very difficult, as the foot will drag on the ground and may require a brace to hold it in place.
- Paralysis – If the damage to the spine is significant, a patient can be paralyzed, either partially or completely, depending on what part of the spine is injured.
- Death – A severe spinal cord injury can be fatal.
Why Should I Pursue a Medical Malpractice Claim for a Spinal Cord Injury?
One reason to bring a medical malpractice claim against a negligent doctor or other healthcare provider is to hold them accountable for their negligence and the damages it caused. The claim provides justice by making the negligent party or parties own their responsibility and pay (through their malpractice insurance) for damages. It can also potentially prevent the negligent doctor or other healthcare provider from harming other patients.
A medical malpractice claim can also result in substantial compensation for the economic and non-economic damages you have suffered and may continue to suffer in the future because of the spinal cord injury. These damages may include:
- Pain and suffering: You may be able to recover damages for the physical pain and suffering you experience because of the spinal cord injury.
- Medical bills: You may be able to recover the amount of additional medical bills you had because of the medical negligence, as well as the cost of ongoing medical treatments.
- Rehabilitation: If you have to stay at a rehabilitation facility and and/or need outpatient treatment, you may be able to recover the cost of your rehabilitative care.
- Long-term care: You can recover money to take care of your long terms medical needs and costs, whether this involves therapist, nursing or physician care needs at home or in a formal medical setting. Lost income: When you sustain a significant injury to the spinal cord, you will be unable to work for an extended period. You can recover your lost wages, salary and other forms of income.
- Disability: Many people cannot work at all after a catastrophic spinal cord injury. Being unable to support yourself and your family through gainful employment is a compensable loss. Your are entitled to compensation for suffering being experienced due to this disability as well as loss of earning capacity in the future.
- Other intangible losses: Depending on the facts of your situation, you might be able to recover compensation for things that do not have invoices or bills but are legitimate consequences of medical malpractice. This category can include things such as chronic depression, anxiety, diminished capacity to enjoy life, disfigurement, and a spouse’s loss of consortium.
Receiving the compensation you deserve for the damages you have suffered and will continue to suffer in the future can’t give you back the life you had before the spinal cord injury. However, it can give you the best quality of life possible despite your injuries. Securing justice through a successful medical malpractice lawsuit can also provide peace of mind knowing you do not have to worry about how to support yourself and your family. Nor will you have to be concerned about how you will pay for the medical treatment and the care you need.
Do I Need a Lawyer for a Medical Malpractice Lawsuit for a Spinal Cord Injury?
You are not required by law to have an attorney representing you when you file a Florida medical malpractice lawsuit. However, medical malpractice is a complex area of the law that demands great expertise and significant resources that can only be employed with the help of a top-notch medical malpractice attorney.
Litigating a medical malpractice claim involves numerous legal issues and obstacles, including strict time limitations, that can only be navigated successfully through the representation of a highly skilled and experienced medical malpractice lawyer. In Florida, for instance, medical malpractice complaints cannot be filed until a formal 90-day presuit screening process is completed. During this screening process expert affidavits supporting malpractice are provided by the Plaintiff’s lawyers to the negligent healthcare providers. Cases can sometimes be settled during this presuit screening process. Often, when the process is concluded, a lawsuit will be commenced. However, to be successful and recover compensation, an injured victim must prove, with the benefit of testimony rendered by experts in the same specialties as the prospective defendants, that an act or omission on the part of a healthcare provider amounts to a breach of the prevailing professional standard of care. Finally, you must be careful to file your claim within the time period allowed by the statute of limitations for medical malpractice cases. And that time period is, ordinarily, 2 years from the date of the negligence or from when a Plaintiff should have known of the negligence with the exercise of due diligence.
The Florida medical malpractice attorneys at Boyers Law Group have the experience, dedication, and resources needed to aggressively pursue a claim for damages suffered because of a spinal cord injury due to medical malpractice. We are committed to holding the negligent doctor or other healthcare professional accountable for the damages they caused and obtaining the just and substantial compensation you deserve. And we have a long track record of success in pursuing medical negligence claims for our clients.
Please call us at 305-512-7600 or submit the “Tell Us What Happened” form on our website to get expert advice on your spinal cord injury medical malpractice case.
