Spinal Cord Injuries Due to Medical Errors

The bony vertebrae of the spinal column house the spinal cord, the bundle of nerves responsible for conducting messages between the brain and the body. A spinal cord injury is one of the most life-altering injuries a person can experience. Damage to a portion of the spinal cord prevents messages from traveling back and forth between the brain and body, resulting in paralysis and a lack of sensation below the point of the injury.

All spinal cord injuries are tragic, but it’s especially devastating when a spinal cord injury results from a medical error caused by the very doctor a patient trusted with their care. 

It’s important to understand the vulnerability a patient has in the medical process and the types of medical malpractice that can cause spinal cord injuries.

Delayed Treatment of Spinal Cord Injuries and Conditions

The misdiagnosis of spinal column conditions such as spinal stenosis, spinal abscesses, compression fractures, tumors, and meningitis can lead to uncontrolled inflammation and permanent damage to the delicate nerves of the spinal cord. When a doctor fails to diagnose and promptly treat a medical condition or injury accurately, and the result is a worsened outcome, such as a spinal cord injury, it’s an example of egregious medical malpractice. Misdiagnosis, missed diagnoses, and delayed diagnosis all delay the prompt treatment of spinal cord conditions that could otherwise prevent or minimize paralysis.

Surgical Mistakes

Surgery is an invasive treatment with inherent risks, but sometimes, back or neck injuries or medical conditions require delicate surgery. Surgical patients are in a vulnerable position when they place their lives in the hands of a surgeon while under anesthesia. Unfortunately, surgical errors can cause spinal cord injuries, resulting in permanent harm. Patients have experienced spinal cord injuries from surgical mistakes such as the following:

• Accidental severing of nerves
• Operating on the wrong portion of the spine
• Incorrect placement of pins, screws, or other medical hardware
• Leaving surgical implements behind
• Neglecting to control internal bleeding around the spinal cord
• Errors resulting in dural tears and spinal fluid leakage
• Improper positioning during spinal taps and other procedures, resulting in a needle that perforates the spinal cord

In some cases, surgical errors occur during post-op care due to negligent aftercare, such as failure to diagnose and promptly treat a post-surgical infection, excessive bleeding, or blood clots.

Anesthesia Errors

Some types of anesthesia are delivered through injection into the spinal column to numb the person from below the area of the injection, for instance, during childbirth or for some types of surgical procedures performed on the lower body. Unfortunately, improperly administering anesthesia medication into the space around the spinal cord can damage the delicate nerve bundles. Incorrect anesthesia dosage can also cause low blood pressure and insufficient oxygen flow to the spinal cord, causing nerve cell death and permanent injury.

Emergency Care Malpractice

Paramedics and other emergency personnel must immobilize, properly stabilize, and secure an injury victim’s spine before transporting them. Then, even in the busy atmosphere of an emergency room, doctors and staff must take proper precautions to keep a patient’s spine stable and accurately diagnose and treat injuries that could compromise the patient’s spinal cord health and function. Improper treatment during emergency care, misdiagnosis, failure to order and properly interpret imaging tests, are all examples of emergency care malpractice that can cause damage to a patient’s spinal cord.

Birth Injuries

When a medical provider in the labor and delivery unit incorrectly uses forceps or a vacuum extractor, it can cause a spinal cord injury to the vulnerable infant, resulting in permanent paralysis. Doctors also sometimes damage an infant’s spine by improperly rotating the infant’s position during a breech birth or to free an unborn infant’s shoulder dystocia (shoulder lodged under the mother’s pubic bone. Some doctors have injured a baby’s spinal cord by forcefully pulling a child’s head or neck during vaginal or C-section deliveries. 

A birth injury claim is a specialized category of medical malpractice law.

Negligent Chiropractic Practices

When chiropractors use improper physical manipulation on a patient’s spinal column, they can cause serious injury to the spinal cord in the back or neck, nerve injury, and paralysis. Like doctors, chiropractors have a legal duty of care to their patients and must practice reasonably skilled care during adjustment sessions. Neglecting this duty of care can result in permanent harm to the patient.

Proving Liability In Spinal Cord Injury Medical Malpractice Claims

All medical providers owe a duty of care to their patients. They must treat the patient at the standard of care approved by the medical community. A doctor, emergency care professional, or other clinician who breaches this duty of care is liable for the patient’s damages. A successful claim requires substantial evidence that the case meets this standard of liability.

Recovering Damages In a Spinal Cord Injury Claim

When a patient places their trust in a medical provider and the provider violates that trust by negligently causing a permanent spinal cord injury, the provider is liable for the damages. The provider’s medical malpractice insurance typically pays the compensation when the injury victim’s attorney proves the caregiver’s liability. 

Because the damages in a spinal cord injury claim are extensive, a successful claim can bring an injury victim compensation for past and future medical costs, additional compensation for adaptive home and vehicle equipment, mobility equipment, out-of-pocket costs, lost earnings, diminished earning capacity, and compensation for pain and suffering. Because of the catastrophic changes a spinal cord injury has on the injury victim’s life, they may also recover compensation for additional damages, such as compensation for loss of enjoyment of life and loss of consortium (the ability to enjoy a complete physical and emotional relationship with a loved one).

How Can an Arizona Spinal Cord Injury Attorney Help?

After suffering a spinal cord injury, you may be facing new challenges and an uncertain future. You deserve financial accountability and a sense of justice. Instead of adding a complex legal process into the mix, call the Phoenix medical malpractice lawyers at Knapp & Roberts for experienced representation in your claim so you can focus on maximizing your physical and emotional recovery while Knapp & Roberts works on recovering full and fair compensation for your injury so you can move forward.