Nerve Damage During Back Surgery: Paraplegia Claims

Back surgeries, such as spinal fusions, laminectomies, and other spinal column procedures, can significantly improve the quality of life for those who suffer pain from chronic back conditions. However, surgical procedures on or near the spinal column pose the risk of accidental nerve damage to the spinal cord, causing devastating permanent conditions such as paraplegia.

When paraplegia occurs due to surgical error, the physical and emotional toll on the patient and their family is devastating. An experienced Arizona medical malpractice attorney can help pursue financial compensation for medical expenses, adaptive equipment, lost income, and pain and suffering, ensuring the responsible party is held accountable.

What Surgical Errors Cause Nerve Damage and Paraplegia?

When you schedule back surgery, you anticipate an improved medical condition afterwards, not a worsened outcome. Unfortunately, surgical errors are a major source of medical malpractice claims. The most common surgical errors that cause nerve damage during back surgeries include the following:

• Scalpel injuries, such as miscuts, cutting too deeply, and the accidental severing of crucial nerves in the spinal cord
• Improper patient positioning during back surgery, resulting in overextension of the spinal cord and nerve damage
• Improper surgical technique resulting in inflammation or bleeding in the spinal column
• Failure to obtain a patient’s complete medical history before surgery
• Improper placement of hardware, such as surgical screws
• Failure to adequately inform the patient of the surgery’s risks (failure to obtain informed consent)
• Negligent post-operative monitoring and care, including failure to identify an infection or post-operative bleeding

The crucial nerves in the spinal cord are responsible for the brain’s sending and interpreting messages from the body. A spinal cord injury disrupts the brain’s pathway, resulting in paralysis and loss of sensation below the point of injury. According to a medical malpractice study of 1,194 patients who had spinal fusion surgery for scoliosis, 7 patients (0.59%) suffered from partial or total paraplegia caused by surgical errors.

Proving Liability For Medical Malpractice After Nerve Damage During Back Surgery

While most personal injury claims are based on the general duty of reasonable care that all individuals owe to others, medical providers are held to a higher standard when treating patients. Proving medical malpractice liability after a doctor’s error or negligence during back surgery caused the patient’s paraplegia requires evidence of the following:

• A doctor/patient relationship was in place at the time the injury occurred
• The doctor had a duty to treat the patient at the standard of care accepted by the medical community
• They breached their duty of care through medical malpractice
• The breach of duty caused the patient’s injury
• The patient suffered economic and non-economic damages from the injury

Damages in paraplegia claims after back surgery malpractice are extensive, with lifelong damages, such as medical expenses, adaptive equipment costs, physical therapy costs, reduced earning ability, and compensation for pain, suffering, and catastrophic injury.

How Can an Arizona Medical Malpractice Lawyer Help?

Paraplegia from botched back surgery is a life-altering injury with permanent adverse consequences for the patient and their family. Recovering compensation in these cases is crucial. Call or contact Knapp & Roberts online for a free consultation and prompt, assertive legal representation.