Medical malpractice is estimated to be responsible for less than 5% of all spinal cord injuries (SCI). This number is still more than 650 cases annually in which health care providers are responsible for paralyzing patients. Holding them accountable can be difficult: According to an NIH large-scale study of medical malpractice claims, physicians win half the cases that even bring strong evidence. If you’ve been injured as the result of medical negligence or malpractice, you’ll need an experienced attorney to help make your case.
Types of Malpractice That Can Cause SCI
Epidural Anesthesia
This procedure is frequently used during childbirth and for lower limb surgeries. An anesthetic drug is injected into the epidural space around the spinal cord, which numbs the nerves coming from the spinal cord without affecting motor function.
Surgical Errors
A physician may accidentally operate on the wrong part of the spine, incorrectly place surgical hardware, or fail to recognize and address complications during spinal surgery, such as excessive bleeding or swelling.
Misdiagnosis of SCI
Misdiagnosis can delay treatment for herniated discs, spinal stenosis, spinal abscess, meningitis or compression fractures.
Failure to monitor
Physicians must closely monitor patients with SCI to spot signs of increased spinal compression.
Emergency Room Malpractice
Physicians may misdiagnose an SCI, discharge a patient too soon, or delay treatment longer than reasonable, such as failing to immobilize a patient with a possible SCI in a timely manner.
Improper Patient Handling
Negligent movement of patients with possible SCI may exacerbate existing injuries.
Infections
Contamination and infection from medical procedures can cause SCI too.
Birth Injuries
Improper use of forceps or other medical tools during delivery can cause SCI in infants.
Chiropractor Error
If spinal manipulation or adjustment is performed improperly or excessive force is used SCI can result.
Proving Medical Negligence
Proving negligence in SCI cases involving medical malpractice requires meeting specific legal criteria.
Proving the medical professional owed a duty of care to the patient may be easy, but specifying how this duty of care was breached through actions or omissions, and providing evidence, can be tricky.
You’ll need comprehensive medical records and expert testimonies.
An experienced attorney can help. We understand medical law and we understand spinal cord injury. We know proving negligence in medical malpractice cases can afford individuals with SCI the financial means to cope with loss of income and earning capacity, and cover extensive medical costs, rehabilitation, assistive devices, and home modifications needed to improve quality of life post SCI.
If you have reason to believe your SCI was caused by medical malpractice, or could have been avoided by medical staff exercising greater care or responding more quickly, contact us today.
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