Spinal Cord Injury Due to Medical Negligence: Filing a Claim

A spinal cord injury (SCI) can be a devastating event, leading to significant physical, emotional, and financial challenges. While many SCIs result from accidents, some are caused by medical negligence. If you or a loved one has suffered a spinal cord injury due to a healthcare provider’s error, you may be entitled to file a claim and receive compensation. Understanding the process of filing a claim for spinal cord injury due to medical negligence is crucial to protecting your rights and securing the resources you need to rebuild your life.

What Constitutes Medical Negligence in Spinal Cord Injuries?

Medical negligence, also known as medical malpractice, occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. In the context of spinal cord injuries, negligence can arise in various situations, including:

Surgical Errors: Mistakes during spinal surgeries, such as improper placement of surgical instruments, nerve damage, or failure to address complications, can directly damage the spinal cord or surrounding nerves. Examples include incorrect placement of screws or grafts or unintentional damage to the spinal cord during surgery.
Misdiagnosis or Delayed Diagnosis: Failing to diagnose conditions like spinal tumors, infections, herniated discs, or cauda equina syndrome can lead to a worsening of the condition and irreversible damage. Missed red flags like saddle anesthesia, severe back pain, new weakness, or loss of bladder or bowel control can lead to permanent issues if imaging and surgical decompression are not performed in time.
Improper Treatment: Incorrect or inappropriate treatment plans, such as an improperly administered epidural injection, misuse of medical devices, or inadequate postoperative care, can exacerbate a patient’s condition.
Anesthesia Mistakes: Errors in administering anesthesia during procedures near the spine can lead to permanent damage.
Medication Errors: Incorrect medication or dosage that affects spinal cord health can cause or worsen injuries.
Emergency Room Errors: Failure to properly manage and stabilize a patient with a potential spinal cord injury in the emergency room can lead to further damage.
Lack of Informed Consent: Patients have the right to be informed of the potential risks and benefits of a procedure before consenting to it. Failure to inform a patient about the risk of spinal cord injury can be considered negligence.

According to Section 766.102, Florida Statutes, medical malpractice is defined 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.”

Who Can File a Claim?

In most jurisdictions, the following individuals can file a medical malpractice claim for a spinal cord injury:

The Injured Patient: The person who suffered the spinal cord injury due to medical negligence.
Family Members: In some cases, immediate family members, such as spouses, parents, or children, may have the right to file a claim, especially if the injury leads to significant financial and emotional burdens.
Legal Representatives: Guardians or legal representatives of the injured party can also file a claim on their behalf.

Steps to Filing a Claim

Filing a claim for spinal cord injury due to medical negligence involves several key steps:

Consult with a Medical Malpractice Attorney: An experienced attorney can evaluate your case, explain your legal options, and guide you through the claims process. Look for attorneys with experience in spinal cord injury cases and a strong understanding of medical malpractice law.
Gather Evidence: Collect all relevant medical records, including doctor’s notes, surgical reports, imaging scans, and rehabilitation records. Also, gather information about lost wages, medical expenses, and other financial losses. Types of proof can include expert medical reports, witness statements, medical records, and financial evidence.
Establish Negligence: To prove medical negligence, 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. This often requires expert testimony from medical professionals who can attest to the standard of care and how it was violated.
- Duty of Care: Show that the healthcare provider had a legal responsibility to act in a manner that would prevent harm.
- Breach of Duty: Prove that the healthcare provider failed to act with the level of care that a reasonable person would under the same circumstances.
- Causation: Establish a direct link between the healthcare provider’s negligence and your spinal cord injury.
Assess the Impact of the Injury: Evaluate how your spinal cord injury has affected your daily life, mobility, and overall well-being. Consider the long-term implications for your quality of life and ability to work. This assessment will help you understand the full extent of the injury and its impact on your life.
File a Claim: Your attorney will help you file a formal claim with the appropriate insurance company or healthcare provider. This claim will outline the details of the negligence, the extent of your injuries, and the compensation you are seeking.
Negotiate a Settlement: In many cases, spinal cord injury claims are resolved through settlement negotiations. Your attorney will negotiate with the insurance company to reach a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.
File a Lawsuit (If Necessary): If a fair settlement cannot be reached, your attorney may recommend filing a lawsuit to pursue your claim in court.

Compensation You May Be Entitled To

If your spinal cord injury claim is successful, you may be entitled to various types of compensation, including:

Medical Expenses: Past and future costs for surgeries, rehabilitation, medications, and assistive devices.
Lost Wages: Income lost 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.
Disability: Compensation for suffering being experienced due to disability as well as loss of earning capacity in the future.
Other Intangible Losses: Compensation for things that do not have invoices or bills but are legitimate consequences of medical malpractice.
Ongoing Care and Treatment: Covering the costs of ongoing care and treatment, therapies, equipment, and rehabilitation.
Changes to Your Home: Compensation for changes to your home to accommodate your injury.
Financial Support for Your Family: Providing financial support for your family due to your injury.

Settlement amounts for spinal cord injury cases can vary widely, depending on the severity of the injury, the extent of the damages, and the strength of the evidence. Settlements typically range from \$100,000 to over \$1,500,000, depending on injury severity, liability, and long-term care needs. Catastrophic cases with complete paralysis may exceed \$5 million.

Statute of Limitations

It’s crucial to be aware of the statute of limitations for filing a medical malpractice claim in your jurisdiction. The statute of limitations sets a deadline for filing a lawsuit, and missing this deadline can result in the loss of your right to sue.

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 Georgia, the statute of limitations for personal injury cases, including spinal injury accidents, is generally two years from the date of the accident.
In South Carolina, a personal injury suit is generally subject to a three-year statute of limitations, but there may be exceptions depending on the circumstances, such as a medical malpractice case where the negligent conduct may be covered by a concept known as the “discovery rule.”

There are exceptions and special circumstances that could impact the filing deadline. For instance, sometimes, the full extent of a spinal injury may not be immediately apparent after the accident. In such cases, the statute of limitations may be “tolled,” or delayed, until the injury is discovered or should have reasonably been discovered. If the injured party is a minor (under the age of 18), the statute of limitations may be extended. The clock typically starts ticking from the day the individual turns 18.

The Importance of Seeking Legal Advice

Filing a claim for spinal cord injury due to medical negligence can be a complex and challenging process. It’s essential to seek legal advice from an experienced medical malpractice attorney who can protect your rights and help you navigate the legal system. An attorney can:

Evaluate the merits of your case
Gather evidence to support your claim
Negotiate with insurance companies
File a lawsuit if necessary
Represent you in court

Conclusion

If you or a loved one has suffered a spinal cord injury due to medical negligence, it’s essential to take action to protect your rights. By understanding the process of filing a claim and seeking legal advice from an experienced attorney, you can increase your chances of receiving the compensation you deserve and securing the resources you need to rebuild your life.