Spinal fusion is a surgical procedure aimed at eliminating motion between vertebrae by fusing them together. While it can be effective for treating various spinal conditions, complications can arise. How the medical team responds to these complications can make the difference between whether the patient has a successful recovery or suffers an injury and should consider pursuing a medical malpractice claim.
When does a spinal fusion procedure result in medical malpractice?
Certain risks with this type of invasive procedure are expected, but medical malpractice occurs when the injury extends beyond a risk of the procedure and is the result of a healthcare professional deviating from the standard of care, resulting in harm to the patient. In the context of spinal fusion, several scenarios may qualify as malpractice:
- Improper diagnosis: Unnecessary spinal surgeries remain a problem. If a surgeon performs spinal fusion without a proper diagnosis, leading to unnecessary surgery, it may constitute malpractice.
- Surgical errors: Mistakes during the procedure, such as damaging nerves or blood vessels, can lead to malpractice claims.
- Inadequate post-operative care: Failure to provide appropriate follow-up care or monitor for complications can result in malpractice.
These situations can lead to significant physical and emotional distress for patients.
How do I build a case for spinal fusion malpractice?
To build a successful medical malpractice case, a patient must demonstrate these key elements:
- Duty of care: Establish that the medical team owed a duty of care to the patient.
- Breach of duty: Show that the provider breached this duty by deviating from accepted medical standards.
- Causation: Prove that the breach directly caused harm or injury to the patient.
- Damages: Document the damages suffered, including physical, emotional, and financial impacts.
Victims need to establish each element to build their case. This often requires thorough documentation of the care provided that led to the injury as well as expert testimony to establish the medical team deviated from the accepted standard of care in these types of situations and that the deviation led to the injury.
Those injured during a spinal fusion procedure can benefit from knowing when a procedure may qualify for malpractice and understanding the elements needed to build a case. Patients in this situation are wise to begin gathering documentation and medical records to help better ensure they can hold the responsible parties financially accountable for their error.
