Dealing with Post-Spinal Fusion Issues: When to Seek Legal Help

If you or someone you love had to undergo spinal fusion surgery, you know how scary the prospect can be. Though spinal fusion surgery is relatively common, it is still a major surgery that comes with risks. Unfortunately, you could experience common problems after a spinal fusion. If you do, and if you believe someone else is responsible for the issues you’re having, you could be eligible for compensation.

To determine if you have a case, you can contact a lawyer to assess the situation. Morgan & Morgan can help. We’ve been handling these types of cases for decades and have recovered billions of dollars for our clients. Let us help you get the justice you deserve so that you can focus on what matters most—getting well and moving forward with your life.

Contact Morgan & Morgan to schedule a free case evaluation today.

Potential Problems After a Spinal Fusion

Spinal fusion is a surgical procedure in which two or more vertebrae are fused together to improve stability, correct deformities, or relieve pain. It is a delicate procedure that requires skilled surgeons and medical professionals to ensure the safety and well-being of the patient. However, not all spinal fusion procedures are successful or error-free. Some patients suffer from common problems after spinal fusion, which can be attributed to medical malpractice, defective products, or a combination of both.

Medical Malpractice After Spinal Fusion

Medical malpractice is one of the common problems after spinal fusion. You may suffer from nerve damage, infection, or hemorrhage due to the negligence of the medical professionals involved in the surgery. Some of the signs of medical malpractice after spinal fusion include severe pain, loss of sensation, loss of bladder or bowel control, or fever.

How to Prove Medical Malpractice

Proving medical malpractice can be challenging, but it is not impossible. You must show that the medical professionals failed to exercise reasonable care, skill, or diligence during the surgery or the post-operative care. You also need to present evidence that this failure was the direct cause of the injury or damage. To do so, you and your lawyer will need to gather medical records, expert opinions, and testimony from witnesses who can attest to any medical professional's negligence. An experienced lawyer can help you navigate the legal system, negotiate with insurance companies, and secure compensation for the damages suffered.

Defective Products and How They Cause Spinal Problems in a Spinal Fusion

Defective products can also cause spinal problems after fusion surgery. The medical device used in the surgery may malfunction, break, or migrate to other parts of the body, causing severe pain, inflammation, or infection. You may also suffer from metal toxicity due to the materials used in the device. The manufacturer of the defective product could be liable for the damages caused. An experienced lawyer can help you file a product liability lawsuit against the manufacturer, distributor, or supplier of the defective product.

Compensation You Can Recover After Spinal Fusion Medical Malpractice or Product Liability

If you have suffered complications after spinal fusion surgery due to medical malpractice or product liability, you may be entitled to compensation. Some of the most common types of damages that can be recovered in medical malpractice and product liability cases include:

1. Medical Expenses: This can include follow-up appointments with your surgeon, physical therapy, medication, and prolonged hospital stays, to name a few.
2. Lost Wages: If your injuries have prevented you from working, you may be entitled to recover lost wages. This can include the wages you would have earned if you had not been injured, as well as any future lost earnings if your injuries have caused a long-term disability.
3. Pain and Suffering: Spinal fusion surgery can be extremely painful and can cause a long-term impact on your quality of life. If your injuries have caused you to experience physical and emotional pain and suffering, you may be entitled to compensation for these damages.
4. Punitive Damages: In some cases, the court may award punitive damages in addition to compensatory damages. Punitive damages are intended to punish the defendant for their actions and to deter others from engaging in similar conduct in the future.

5. Wrongful Death: In the tragic event that a loved one has died due to medical malpractice or product liability, you may be able to file a wrongful death lawsuit to recover damages.

    

What Is the Statute of Limitations for Spinal Fusion Injuries?

A statute of limitations is a law that sets a deadline for how long a person has to file a lawsuit. The time frame typically starts from the injury's date or the injury's discovery. Different states have varying statutes of limitations, but they generally range from two to six years, with two or three years being the most common. It is crucial to note that if the statute of limitations runs out, the injured party may lose the opportunity to sue for damages.

Exceptions to the Statute of Limitations

While the statute of limitations may seem like a hard and fast rule, there are exceptions to the law that can work in your favor. For instance, if the medical team conceals important information regarding the procedure, you may have more time to file a lawsuit.

In most cases, minors and individuals who are unable to take legal action due to mental or physical disabilities may also be granted extra time.

Who Might Be Liable for a Spinal Fusion Injury?

If you or a loved one has suffered a spinal fusion injury, you will have to determine who is liable in order to obtain compensation.

The doctor or surgeon who performed the spinal fusion might be liable for the injury if they were negligent. Negligence can include mistakes made during surgery, failure to diagnose a complication or injury, and failure to provide adequate aftercare. For example, if the surgeon improperly placed screws or rods during the spinal fusion, causing nerve damage or paralysis, they may be liable.

The hospital or surgical center where the procedure was performed may also be liable for a spinal fusion injury. For example, if the facility failed to provide adequate equipment or staffing during the procedure or failed to monitor the patient's recovery properly. Additionally, if the staff at the facility failed to detect and treat a complication or injury after the procedure, the facility may be liable.

The manufacturer of the medical equipment used during the spinal fusion may also be liable for an injury if the equipment was defective or malfunctioned during the procedure, causing injury. For example, if the screws or rods used in the procedure were defective, causing nerve damage or paralysis, the manufacturer may be liable.

What Evidence Is Used to Prove a Spinal Fusion Injury?

Proving a spinal fusion injury can be a complex and difficult process, and it requires the use of strong and compelling evidence. The evidence most commonly used in these cases includes the following:

1. Medical Records and Imaging Studies

The first step in proving a spinal fusion injury is obtaining detailed medical records and imaging studies that document the patient’s condition before and after the surgery. These records may include X-rays, CT scans, MRIs, and other diagnostic tests that show the extent of the injury and the presence of any new or worsened symptoms after the surgery. It is important to have a medical expert review these records and provide an opinion on whether the injury was caused by negligence or surgical error.

2. Expert Testimony

In addition to medical records, expert testimony is often essential in proving a spinal fusion injury. Medical experts can offer opinions on the standard of care that should have been provided during the surgery, as well as the specific acts of negligence or error that contributed to the injury. An experienced attorney will have access to a network of medical professionals who are well-versed in spinal fusion injuries and can provide compelling testimony on behalf of the injured patient.

3. Witness Testimony

Witness testimony can also play a critical role in proving a spinal fusion injury. This may include testimony from family members or friends who have observed the patient’s condition before and after the surgery, as well as testimony from other healthcare providers who were involved in the patient’s care. In some cases, witnesses may have observed specific acts of negligence or error during the surgery, and their testimony can help to build a strong case.

4. Financial Records

Finally, financial records can be used to demonstrate the economic impact of a spinal fusion injury. This may include medical bills, lost wages, and other expenses incurred as a result of the injury. A skilled attorney can work with financial experts to determine the full extent of the patient’s economic losses and use this information to demand fair compensation.

Contact Morgan & Morgan for Help

If you need help after spinal surgery, we’re here for you. With offices all over the country, Morgan & Morgan can make it simple for you to get legal help no matter where you are located. You can count on our team of professionals to come to your aid. Our firm understands that time is of the essence and takes pride in always being available to answer your questions.

Additionally, the attorneys at Morgan & Morgan understand how overwhelming it can be to find legal representation while recovering from an injury. That's why we offer a risk-free consultation, giving clients the chance to connect with an attorney, learn about their options, and make an informed decision. If you experience any of the common problems after a spinal fusion, contact Morgan & Morgan to schedule a free case evaluation.