Spinal Cord Injury
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 mishandled surgery.
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.