Paralyzed After Surgery? $16.5M Verdict Highlights Neurosurgeon Negligence in Spinal Cord Injury Cases

Have you or a loved one experienced paralysis following a surgical procedure? A recent $16.5 million verdict in a neurosurgery negligence case underscores the devastating consequences that can arise from surgical errors and inadequate post-operative care. While surgery is intended to improve health, errors during the process can lead to severe, life-altering complications, including paralysis. Medical malpractice is responsible for about 3.7 percent of all spinal cord injuries. This blog post explores the causes of paralysis after surgery, what to do if you suspect negligence, and how to navigate the legal options available to you.

Understanding the Risks: How Can Surgery Lead to Paralysis?

Paralysis after surgery is a rare but devastating complication. It signifies a loss of muscle function in a part or most of the body. While some feelings of paralysis may happen as anesthesia wears off, this blog refers to lasting paralysis that stems from errors made during surgery. It can manifest in several forms, including:

Quadriplegia: Paralysis of all four limbs (arms and legs).
Paraplegia: Paralysis of the lower body, including the legs.
Monoplegia: Paralysis of one limb or a specific area of the body.
Hemiplegia: Paralysis of one side of the body.
Diplegia: Paralysis affecting the same area on both sides of the body.

Several factors can contribute to paralysis following a surgical procedure:

Surgical Errors: Mistakes during surgery, such as accidental damage to the spinal cord or nerves, improper placement of surgical instruments, or failure to address complications, can directly cause paralysis. In fact, “improper performance” during surgery accounts for 42% of medical malpractice claims.
Anesthesia Errors: Improper administration of anesthesia, including oxygen deprivation due to inadequate monitoring or incorrect dosage, can lead to brain damage and subsequent paralysis.
Failure to Diagnose or Delayed Diagnosis: Failing to identify and treat post-operative complications like spinal infections, hematomas (blood clots), or excessive bleeding can exacerbate the patient’s condition and lead to irreversible damage.
Improper Post-operative Care: Neglecting to monitor a patient’s condition properly after surgery, failing to recognize and treat infections or blood clots, or errors in medication administration can all contribute to paralysis.
Inadequate Preoperative Planning: Failing to thoroughly review a patient’s medical history or prepare for known risks can lead to serious complications during surgery.
Excessive Decompression: When too much tissue is removed during spinal decompression surgery, the spine can become destabilized and expose the spinal cord to serious injury.
Improper Placement of Hardware: If screws or rods used in spinal fusion are placed too deeply or at the wrong angle, the spinal canal can become penetrated or dangerously compressed.
Contamination and Infection: Infections contracted during a medical procedure or in the hospital can lead to spinal cord injuries and paralysis.

Is It Medical Malpractice? Establishing Negligence

Not every instance of paralysis following surgery constitutes medical malpractice. To establish negligence, it must be proven that:

A duty of care existed: A doctor-patient relationship was in place, establishing the healthcare provider’s responsibility for the patient’s well-being.
The duty was breached: The healthcare provider failed to meet the accepted standard of care, acting negligently in their treatment of the patient.
The breach caused the injury: The healthcare provider’s negligence directly resulted in the patient’s paralysis.
Damages occurred: The patient suffered harm as a result of the paralysis, including medical expenses, lost wages, pain and suffering, and reduced quality of life.

What Steps Should You Take?

If you suspect that your paralysis is the result of medical negligence, taking swift action is crucial:

Seek Immediate Medical Attention: Ensure you receive appropriate medical care to address your condition and document the extent of your injuries.
Document Everything: Keep detailed records of all medical treatments, expenses, and communications with healthcare providers.
Consult with a Medical Malpractice Attorney: An experienced attorney can evaluate your case, gather evidence, and advise you on your legal options.
Gather Evidence: Comprehensive evidence is pivotal in substantiating your claim, including medical records, accident reports, and witness statements.

The Role of a Medical Malpractice Attorney

Medical malpractice cases, especially those involving spinal cord injuries, are highly complex. Proving negligence often requires extensive investigation, expert testimony, and a thorough understanding of medical and legal principles. An experienced attorney can handle these challenges on your behalf, ensuring that your case is built on strong evidence.

A skilled attorney can:

Investigate the circumstances surrounding your injury.
Obtain and review medical records.
Consult with medical experts to establish negligence.
Calculate the full extent of your damages.
Negotiate with insurance companies.
Represent you in court, if necessary.

Compensation for Spinal Cord Injuries

Victims of paralysis due to medical malpractice may be entitled to compensation for a variety of damages, including:

Medical Expenses: Covering past and future medical bills, including surgery, rehabilitation, long-term care, and assistive devices.
Lost Wages: Compensation for lost income and diminished earning capacity due to the injury.
Pain and Suffering: Monetary compensation for physical pain, emotional distress, and loss of enjoyment of life.
Long-Term Care: Covering the costs of in-home assistance, modifications to living spaces, and ongoing medical needs.

The average settlement for a spinal injury is around $700,000, though individual cases vary widely. Settlements can range from $100,000 to over $1 million. Factors influencing the settlement amount include the severity of the injury, medical expenses, loss of income, and the overall impact on the individual’s life.

Neurosurgery and Malpractice: Understanding the Statistics

Neurosurgery is a high-risk specialty with a significant incidence of malpractice claims. Studies show that neurosurgeons are more likely to face malpractice suits compared to other medical fields. According to data from the New England Journal of Medicine, neurosurgery is one of the most commonly cited medical fields when it comes to malpractice claims, with a 19.1 percent chance of a neurosurgeon facing a medical malpractice claim during a 14-year period. A survey of surgery-related closed malpractice claims from 2014 to 2018 found that neurosurgery was the third most common specialty to trigger medical malpractice claims, comprising 8 percent of the claims.

Seeking Justice and Accountability

If you or a loved one has suffered paralysis after surgery, it’s essential to understand your legal rights and explore your options for seeking compensation. A $16.5 million verdict highlights the potential for significant financial recovery in cases of neurosurgeon negligence resulting in spinal cord injuries. By holding negligent healthcare providers accountable, you can secure the resources you need to rebuild your life and ensure that others do not suffer the same fate.

If you believe you have a medical malpractice claim, contact an experienced attorney today for a free consultation.