Spinal fusion is a complex and invasive procedure intended to correct problems with the vertebrae in the spine. While often successful, the procedure carries risks and potential complications. In some cases, a negative outcome may warrant a medical malpractice lawsuit.
When is a surgeon liable for medical malpractice?
A surgeon may be liable for medical malpractice after a spinal fusion if their actions deviate from the accepted standard of care and cause injury to the patient. Situations that can trigger an inquiry include:
- Inaccurate surgical technique that results in nerve damage or spinal instability,
- Failure to diagnose and treat postoperative complications such as infections or blood clots, and/or
- Use of defective implants or hardware that led to further injury.
These scenarios can form the basis of a malpractice claim if they result from the surgeon’s negligence.
What do I need to establish to bring a malpractice lawsuit?
To bring forward a successful malpractice lawsuit after a spinal fusion, the victim must establish several key elements. The first is the duty of care. To establish this element, the victim will need to show that the surgeon had a responsibility to provide standard medical care. This is generally established if there is a patient/doctor relationship.
Next, the victim will need to show that the surgeon breached that duty and that the breach directly caused the injury. This often requires extensive evidence and expert testimony. Finally, the injured party will need to prove that the injury resulted in specific damages, such as additional medical bills and lost wages.
How can I better ensure a successful medical malpractice lawsuit?
The first step is to gather paperwork and copies of medical records. These can help document the procedure and any follow-up care. Your legal team will likely also reach out to medical experts to help establish what the standard of care should have been and how it was breached.
Suing for malpractice after a spinal fusion is a complex process that involves proving specific legal and medical points. Those who are injured after this type of back surgery are wise to take the time to understand when a surgeon may be liable, the necessary elements of a lawsuit, and begin taking steps to prepare your case.