Common Problems After Spinal Fusion

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 date of the injury or the discovery of the injury. 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.

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.

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.

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.