Medical Malpractice and Spinal Cord Injuries: When to File a Lawsuit Against Healthcare Providers

Spinal cord injuries (SCI) are among the most devastating injuries a person can experience. Each year, thousands of individuals suffer SCIs, leading to life-altering physical, emotional, and financial challenges. While many SCIs result from accidents like car crashes or falls, a significant number are caused by medical negligence. According to the National Spinal Cord Injury Statistical Center, approximately 17,810 new spinal cord injuries occur in the U.S. each year. Shockingly, medical negligence accounts for nearly 20% of these injuries, yet it’s a topic that’s rarely discussed. If you or a loved one has suffered a spinal cord injury due to suspected medical malpractice, understanding your legal options is crucial. This blog post explores when to file a lawsuit against healthcare providers, providing insights into the causes, legal processes, and compensation available to victims.

Understanding Spinal Cord Injuries

The spinal cord, an integral part of the central nervous system, is located within the vertebral column and extends from the brainstem to the lower back. It comprises nerves and supporting cells, facilitating communication between the brain and body, regulating movement, sensation, and autonomic functions like breathing and temperature control. Most SCIs result from a traumatic impact to the spine, causing fractures, dislocations, or compression of the vertebrae. These injuries vary in severity, from mild dysfunction to severe disabilities like paralysis (quadriplegia/tetraplegia or paraplegia), sensation loss, and impaired organ function. The injury’s severity and location on the spinal cord dictate the extent of its impact, with higher spinal column injuries often leading to more extensive paralysis.

SCIs are classified as either complete or incomplete. Complete injuries lead to a total loss of sensory and motor function below the injury site, causing widespread paralysis. Incomplete injuries, on the other hand, allow the person to retain some function, with the degree varying. Injuries to the lower spine often cause paraplegia, affecting the lower limbs, whereas cervical (neck) injuries lead to quadriplegia, paralyzing all four limbs.

How Medical Malpractice Causes Spinal Cord Injuries

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. Several types of medical negligence can lead to spinal cord injuries:

Surgical Errors: Spinal surgeries are intricate procedures that require precision. Errors such as improper placement of surgical instruments, nerve damage, operating on the wrong part of the spine, or failure to address complications during surgery can result in an SCI.
Delayed Diagnosis or Misdiagnosis: Failure to diagnose conditions like spinal infections, herniated discs, or tumors correctly or timely can allow these conditions to worsen and cause irreversible damage to the spinal cord. Doctors sometimes fail to recognize serious spinal conditions, leading to delayed or incorrect treatment. Common examples include herniated discs mistaken for muscle pain, spinal infections misdiagnosed as minor back pain, and missed spinal tumors.
Anesthesia Mistakes: Administering anesthesia incorrectly during procedures near the spine can lead to permanent damage. Mistakes in dosage or administration can result in permanent nerve damage, paralysis, or even death.
Improper Postoperative Care: After spinal surgery, proper monitoring and care are essential. Neglecting to treat infections, blood clots, changes in a patient’s vital signs or neurological conditions, or other complications can exacerbate a patient’s condition. Inadequate post-operative care leading to complications like infections or blood clots can also result in spinal cord damage.
Trauma During Medical Treatment: Even routine procedures can pose risks. For example, rough handling during diagnostic imaging or poorly executed spinal or epidural injections can cause direct harm to the spinal cord.
Birth Injuries: Newborns can suffer spinal cord damage during delivery due to excessive force or improper use of birthing tools. Studies show that a percentage of all spinal cord injuries in infants are linked to medical negligence.
Chiropractic Negligence: This can happen if a chiropractor fails to assess a patient’s medical history properly, overlooks contraindications for spinal manipulation, or uses excessive force or incorrect technique during the procedure.

When to File a Lawsuit: Key Considerations

Deciding when to file a medical malpractice lawsuit for a spinal cord injury involves several critical considerations:

Establishing Negligence: To prove medical malpractice, you must demonstrate that the healthcare provider owed you a duty of care, breached that duty, and that the breach directly caused your spinal cord injury, leading to significant harm or damages. This often requires extensive investigation, expert testimony, and a thorough understanding of medical and legal principles.
Statute of Limitations: Each state has a statute of limitations, which sets a deadline for filing a medical malpractice claim. In Florida, the statute of limitations for medical malpractice claims is generally two years from the date of the injury or from when the injury was discovered, or should have been discovered with reasonable diligence. In New York, the time limit for filing a medical malpractice lawsuit is 2 years and 6 months from the date of the incident or from the date the medical provider last treated you for the condition in question. Missing this deadline can permanently bar you from seeking compensation.
Causation: It must be established that the medical professional’s negligence directly caused the spinal cord injury. The plaintiff must demonstrate that this breach directly caused the spinal cord injury, leading to significant harm or damages.
Damages: You must have suffered significant damages as a result of the spinal cord injury, including medical expenses, lost wages, pain and suffering, and diminished quality of life.

The Process of Filing a Lawsuit

Filing a medical malpractice lawsuit for a spinal cord injury typically involves the following steps:

Initial Consultation and Investigation: The first step is to consult with a medical malpractice attorney. The attorney will discuss the circumstances of your injury, evaluate your medical records, and assess the potential for legal action.
Gathering Evidence: Your attorney will conduct an in-depth investigation, gathering medical records, expert testimonies, and evidence of the breach in standard care and its consequences.
Filing the Lawsuit: Once the evidence is gathered and the case is prepared, your attorney will file a medical malpractice lawsuit in the appropriate court.
Discovery Phase: During this phase, both parties exchange information and evidence relevant to the case. This includes everything from medical records and accident reports to deposition transcripts from witnesses and experts.
Negotiations and Settlement Talks: In many cases, the lawsuit is resolved before going to trial through settlement negotiations. Your attorney will negotiate with the healthcare provider’s insurance company to reach a fair settlement that covers your damages.
Trial (If Necessary): If a settlement cannot be reached, your case will proceed to trial. At trial, your attorney will present evidence and arguments to a judge and jury to prove that the healthcare provider was negligent and caused your spinal cord injury.

Types of Compensation Available

In a successful spinal cord injury lawsuit, you may be entitled to various types of compensation:

Medical Expenses: Covering past and future costs for surgeries, rehabilitation, medications, and assistive devices.
Lost Wages: Compensation for lost income due to time away from work, as well as diminished earning capacity.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury.
Loss of Enjoyment of Life: Damages for the reduced ability to participate in activities once enjoyed.
Home and Vehicle Modifications: Adapting your home and car to help maintain your independence.
Assistive Devices: The purchase of wheelchairs, braces, and other devices.

The Role of a Medical Malpractice Attorney

Medical malpractice cases, especially those involving spinal cord injuries, are highly complex. An experienced attorney can handle these challenges on your behalf, ensuring that your case is built on strong evidence. They will review medical records, consult with experts, and calculate the full scope of your damages. A knowledgeable lawyer will ensure you file your claim before the statute of limitations. They can also navigate the complexities of the legal process and work towards securing the compensation you deserve to rebuild your life and support your ongoing needs.

Conclusion

If you or a loved one has suffered a spinal cord injury due to suspected medical malpractice, it’s essential to seek legal guidance as soon as possible. Understanding your rights and options is the first step toward securing the compensation you need to cover medical expenses, lost wages, and other damages. Contact a qualified medical malpractice attorney to discuss your case and determine the best course of action. With the right legal representation, you can hold negligent healthcare providers accountable and secure justice for victims.