New York Spinal Cord Injury Lawyer
When performing back surgery, surgeons and their medical staff must take
significant care to avoid causing their patient further injury. When a
patient suffers a spinal cord injury during surgery, the results can be
disastrous. Surgical procedure that cause further damage to the patients
back and spinal cord can result in permanent weakness, numbness, intense
pain, and paralysis. These injuries can permanently alter a patient's
life, both physically and financially. A spinal cord injury can force
an individual to face high medical bills, lost wages due to the inability
to work, and cause considerable pain and suffering. When a severe back
injury is the result of a doctor or medical staff's failure to use
the proper degree of care during surgery, the injured patient may have
be able to receive compensation for any resulting damages. At Queller,
Fisher, Washor, Fuchs & Kool, our New York spinal cord injury lawyers
have been defending the rights of surgical malpractice victims for over
50 years. We have seen the immense hardships that patients are forced
to endure following a back injury. As a result, we are committed to doing
everything in our power to help ease the financial burden caused by a
If you or someone you love has suffered a spinal cord injury during a surgical
procedure, you may be entitled to compensation. To see if you have grounds
for a medical malpractice lawsuit, call 212-406-1700 or fill out our
case review form. All consultations are free of charge.
Has Your Back Injury Worsened After Surgery?
Individuals whose back problems have worsened following surgery may have
grounds to file a medical malpractice lawsuit. In order to have a valid
medical malpractice lawsuit, the injured patient must be able to show
that the operating doctor or their medical staff acted negligently. Proving
negligence and liability in medical malpractice cases, however, can be
difficult. In order to have a valid medical malpractice claim, the following
must have occurred:
Duty of Care: The doctor must have had a duty of care to his patient. In the case of
spinal surgery, a surgeon has a duty to use the same degree of caution
that another competent physician in the same practice area would use.
The Doctor Breached Their Duty: When a doctor fails to use the same degree of caution as another competent
physician in the same field, they have breached their duty of care. A
doctor's breach of duty constitutes negligence. For instance, if a
Doctor failed to inject the right medication into a patient's spinal
cord, they have breached their duty of care.
The Breach in Duty Caused the Patient's Injury: Negligence, in and of itself, does not constitute grounds for a lawsuit.
In order to have a valid case, the doctor's negligence must have directly
caused the patient's injury. For instance, if a surgeon injects the
patient's spinal cord with the wrong medication, but the injury was
caused by another factor, the doctor may not be liable.
The Spinal Injury Caused Damages: To have a valid claim, the patient's injury must have caused them
either economic or non-economic damages. Economic damages are any monetary
loss that was caused by the injury, such as lost wages, medical bills,
or damage to future earning potential. Non-economic damages are any pain
and suffering caused by the injury.
How Can an Attorney Help Following an Injury During Back Surgery?
When a patient undergoes back surgery and suffers additional injury, they
should contact a skilled medical malpractice attorney as soon as possible.
When an injured patient fails to contact an attorney in a timely manner,
their claim may come into conflict with the statute of limitations. The
statute of limitations is a law that specifies the amount of time following
an event that a victim has to file a claim. Failure to file a claim within
the time constraints imposed by the statute of limitations can result
in victims being forever barred from receiving the compensation they may
deserve. As a result, it is important that individuals who have suffered
a spinal cord injury in surgery retain a skilled medical malpractice attorney.
A skilled lawyer will handle all aspects of a patient's claim in a
timely manner, including filing the lawsuit, interviewing witnesses, obtaining
medical records, hiring experts to review the records, negotiating settlements
where appropriate, and pursuing maximum compensation at trial. At Queller,
Fisher, Washor, Fuchs & Kool, our medical malpractice lawyers understand
all of the time constraints imposes by the statute of limitations. We
handle all of our clients' claims in a timely manner so they can recoup
compensation for the damages they've endured.
Have you suffered a debilitating back injury in surgery? If so, you may
be able to receive compensation for any economic or non-economic damages
caused by the injury. To see if you have a case, call 212-406-1700 or
contact us online. All consultations with Queller, Fisher, Washor, Fuchs
& Kool are free.