Are you suffering from the effects of an ACDF surgery that has exacerbated your condition or caused new complications that have increased your pain and suffering? If so, you may have a case for medical malpractice against the surgeon and other healthcare providers who were responsible for your safety and wellbeing.
Legal advice is crucial for those who were injured from a botched neck or spine surgery. Our law firm is comprised of lawyers with decades of experience in medical malpractice claims. We are more than ready to investigate your case and secure the compensation you deserve as a victim of surgical errors during an ACDF procedure. Contact us at your earliest convenience and schedule a free case evaluation.
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Complications from ACDF Surgery
It’s important to note that any surgical procedure comes with risks that have to be weighed against the benefits. With neck (cervical spine) surgeries like ACDF, the surgeon removes a disc that is causing pain and pressure and replaces it with an implant or bone graft. Done correctly under the right circumstances, an ACDF can reduce pain, weakness, tingling, numbness, and other symptoms for the patient. Unfortunately, there are many complications that can happen from a doctor’s actions during the procedure. These include, but are not limited to:
- Leaking of spinal fluid
- Permanent damage to the spinal cord
- Injury to the blood vessels
- Infections
- Hematoma
- Damage to the esophagus or trachea
What is Medical Malpractice?
Establishing medical malpractice by a doctor requires proof of two elements:
- The doctor owed you a duty of care as one of their patients
- The doctor breached their duty of care by deviating from safe and accepted medical practices that are expected of physicians in the same field / specialty.
As you can see, the standard of negligence in a medical malpractice claim goes beyond what the average person would deem as careless or reckless conduct. With these cases, negligence is based on failure to uphold specific professional standards that are expected of doctors, surgeons, and other clinicians.
There are many examples of medical malpractice that can form the basis of a lawsuit. Failure to correctly diagnose an injury or illness is one of the most common types of doctor malpractice claims. Medical providers can also be sued for not following safety protocols during a surgery, making unnecessary incisions, and using unsuitable devices and tools.
Doctors can also cause harm to patients by failing to provide adequate information on the potential risks of a neck or spine surgery, which allows the patient to make an informed decision. Once the surgery is complete, doctors must also provide follow-up care to ensure that the patient is recovering as they should.
If you believe that a doctor failed in their duty of care, contact our medical malpractice lawyers right away. You may have grounds to sue the surgeon and others who were involved in taking care of you, but it’s very difficult to make a case for surgeon malpractice without help from an experienced attorney.
Can I Sue the Doctor who Performed my Surgery?
Yes, you can sue a doctor or surgeon for monetary damages if they botched an ACDF procedure and left you with significant injuries and health complications. However, proving a case of medical malpractice is not just about a doctor making a mistake. These are extremely complicated lawsuits that require an understanding of medical knowledge, professional medical standards, California’s medical malpractice laws, and other complex subjects. To build a strong and solid case for malpractice by a medical professional or facility, seek help from the legal team of Normandie Law Firm.
Compensation from a Botched Operation Malpractice Case
If you succeed in a claim for ACDF surgical errors, you can receive numerous forms of compensation that have to do with your monetary losses and physical / emotional suffering. The exact payments you can ask for will vary on the circumstances in your case, which we are happy to go over with you during a free consultation. Categories of damages from a spine surgery malpractice claim typically include:
- Medical expenses, including lifetime care costs
- Lost wages / lost earning potential
- Pain and suffering
- Punitive damages
- Legal fees
Average Case Value of an ACDF Surgery Medical Malpractice Case
National data has conclusively proven that spine and neck surgery cases are the most valuable malpractice claims, with settlements often exceeding $1,000,000. Spine surgeons, as a general rule, face the highest risk of being sued for medical malpractice, and how much a patient is entitled to depend on variables such as:
- The severity of injury
- The act of negligence by the physician
- Long-term complications that the patient would not have to deal with were it not for the surgeon’s careless or reckless conduct.
Please note that many cases fall below the $1,000,000 mark, but even on the lower end, you can expect to see payouts of $150,000 to $350,000 for injuries caused by a botched ACDF surgical procedure. A California medical malpractice attorney is the best source of information if you have questions about how much you can receive for injuries resulting from a poorly performed spine surgery.
Filing Your Claim within the Statute of Limitations
Quick action is essential if you are eligible for a botched surgery malpractice lawsuit. However, malpractice claims are subject to a statute of limitations, which is a specific amount of time that patients have to file a legal action against the healthcare provider. Failing to file your claim on time will cause you to lose the right to compensation, even if it’s abundantly clear that you are a victim of surgical errors and problems during an ACDF procedure.
The deadline for a medical malpractice lawsuit in California is either:
- 1 year from when the injury is discovered
- 3 years of when the patient was injured by the surgeon, doctor, nurse, etc.
If you are in need of lawsuit information from a medical malpractice attorney, including how long you have to file a lawsuit, don’t hesitate to contact us 24 hours a day, 7 days a week.
Contact Our Law Firm Today
An ACDF procedure that didn’t go right can leave you in worse condition that you were before the surgery. Negligence by a physician is unacceptable, and we are here to help you explore your rights and legal options. By speaking with our attorneys during a free caser review, you can find out about the compensation you are entitled to from a medical malpractice lawsuit.
At Normandie Law Firm, we provide free legal services right from the start, along with the Zero Fee Guarantee policy. The cost of legal services is paid by the healthcare provider as part of your settlement, so you pay $0 out of pocket to hire us. What happens if we don’t settle your case or obtain a jury verdict in your favor? In that case, you will not be responsible for any legal fees, meaning you lose absolutely nothing.
Please contact Normandie Law Firm today and speak with a ACDF surgery malpractice lawyer.
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