Spinal cord injuries are some of the most severe wounds you can suffer. They may have long-lasting complications and can permanently alter your life. A debilitating spinal cord injury is sometimes enough to keep you out of work for the rest of your days and can make everyday tasks difficult or impossible, and you may require assistance in mobility or in completing normal actions. Sometimes, a spinal cord injury is worsened by the negligent practice of a doctor, nurse, or surgeon; in these cases, medical malpractice claims can help you receive financial compensation for the injuries. Our experienced lawyers at the top-rated Normandie Law Firm routinely get calls from clients who have had their spinal cord injuries made worse by mistakes made at hospitals and healthcare centers. They are curious about what they can do to take legal action and be covered for the damages. They ask us questions about similar cases, the ins and outs of medical malpractice claims, and more. Examples of these questions include:
- How much is a spinal cord injury case worth if it happened due to medical malpractice?
- Can you sue the doctor for damaging your spinal cord?
- Can I sue the hospital for a spinal cord injury?
What Constitutes Medical Malpractice?
Medical malpractice is a personal injury lawsuit type that is based on negligence and can be filed against healthcare professionals. There is a standard of care and professionalism that must be met by healthcare workers, and violation of that standard can lead to injuries. One of the points that separate medical malpractice from a typical personal injury lawsuit is the limit of the compensation you can earn – many hospitals have caps as to the amounts, whereas personal injury claims, in general, can reach very high settlement amounts.
In order for an injury to be considered for a medical malpractice claim, you have to prove four points.
- Owed a Duty of Care: Your doctor, surgeon, or nurse owes you a duty of care in that they must protect you while doing their jobs. They cannot place you in harm’s way or risk your health anymore than they already do for the sake of curing you. Healthcare professionals work according to a very high standard and can be pointed to as the expected course of action for other people in that position.
- Breach of Duty: When a doctor does something that can cause harm, it is a breach of duty. For example, if he recommends that you start running after knee surgery, you may not properly recover. His duty is to make sure that you totally heal; in making a bad recommendation, he can be said to have breached that duty. Similarly, anything that potentially places you in harm’s way can be considered a breach.
- Accident Resulted from Breach: If that careless action from a doctor caused an accident to happen, this third point of negligence is fulfilled. For example, if a doctor was not paying attention while performing surgery and left a foreign object inside of you, can be said to be three-fourths of the way to negligence.
- Actual Physical Harm from Accident: If the accident caused you real harm, such as further injury, infection, or other complications, the fourth point is met. Keep in mind that some sort of injury must happen in order for a medical malpractice lawsuit to be filed.
Medical malpractice in spinal cord injury cases can happen in numerous ways. Surgery, for instance, is risky for a variety of reasons, but human error is perhaps the most common. Some of the ways a spinal cord injury can be worsened by medical malpractice include:
- Surgical Errors, such as misplaced incisions, can sever nerves and cause paralysis, paraplegia, or quadriplegia.
- Improper Installation of Hardware, such as screws and plates, can cause long-lasting pain and may not fix the issue if they are placed in the wrong location.
- Failure to Properly Diagnose, which can lead to further unnecessary surgeries or misconceptions about your health.
- Failure to Properly Sterilize, as in cleaning their hands, instruments, and the affected area. This error by the surgeon can lead to infection, which may be debilitating and can even cause death.
- Internal Foreign Objects, which are other materials left inside the body that are not meant to be there. For instance, a piece of sponge can dislodge and get caught in the body in a surgery error, but if something small travels into the bloodstream, it can be fatal.
If you have been a victim of medical malpractice, consult with an experienced attorney today.
Determining the Average Value of a Spinal Cord Injury Due to Medical Malpractice
When it comes to determining what you can earn in a payout for a medical malpractice suit, there is no set methodology behind it. That is, there is no calculator that will spit out numbers that are relative to your injury. Each case is different and unique – each has its own set of arbitrators, juries, judges, lawyers, plaintiffs, defendants, types of injuries, and circumstances that are never going to be exactly the same. You can observe similar cases to see what they settled for, but that is not a clear indication of what you will receive.
The value of a spinal cord injury lawsuit because of medical malpractice can be worth well over $250,000 if a doctor’s negligence causes you extensive injuries. However, pain and suffering damages are capped. If the spinal cord injury led to paralysis or lasting issues, you could very well have a lawsiut worth over $1,000,000. Doctor negligence should not be treated lightly, and if it is rare if your spinal cord injury lawsuit as a result of medical malpractice is valued at less than $50,000.
However, there are factors that go into this determination. If the injury were very extensive and caused you an inordinate amount of pain, you will likely earn more than someone who healed quickly. If there were long-lasting or permanent effects, you will also likely get a higher amount of restitution than someone who was merely injured for a short while. For example, if you sprained your back as a result of a doctor asking you to stand when you knew you could not support your own weight, you may be entitled to a fair amount of compensation. However, if that doctor performed the wrong surgery on you and rendered you paralyzed or in need of a wheelchair by snipping the wrong nerves, you will likely earn a much higher settlement.
Your case worth can only be estimated and guessed at by a skilled lawyer with experience handling medical malpractice claims.
Types of Compensation
You can earn various types of compensation for your spinal cord injury if it were caused or worsened by medical malpractice.
- Medical Expenses: Medical malpractice regarding your spinal cord can set you back months or years in terms of recovery, and you may require even more medical treatment than before. You can be reimbursed for surgery, medication, hospitalization, and physical therapy, and you can be covered for future expenses as well.
- Lost Wages: If your injury kept you out of work or will keep you out work, you can earn back those lost wages as compensation in your claim. You should not be at a loss financially from your career because of a doctor’s incompetence.
- Pain and Suffering: If a spinal cord injury brought on by medical malpractice causes you to suffer for an extended period of time, you may be traumatized in some way or suffer emotional damage. These non-economic damages can be compensated for. You can receive restitution for fear, anxiety, PTSD, psychological problems, mental suffering, and more.
- Punitive Damages: Punitive damages are issued in the event of gross negligence or intent to cause harm. If a doctor operated on you with no regard for your life or was grossly negligent in his actions, you may be able to collect these damages; however, they are not difficult to win, and many courts view them as unnecessary. Only a qualified attorney with expertise in medical malpractice injury lawsuits can help you net them in your settlement.
Reevaluate Your Case
When clients come to us asking about the average settlement value of a spinal cord injury due to surgical malpractice, they usually already have lawyers and are wondering if they are being told the truth. The reality is most attorneys are content to get the lowest, quickest settlement possible so that they earn their own fees and move on to the next case. It is not uncommon to see law firms breeze through cases and take the majority of clients’ settlements. They are misrepresenting their clients, and you should refrain from using them for legal representation. Talk with one of our accomplished attorneys with experience in medical malpractice cases for more information.
FREE LEGAL CONSULTATION: Our top law firm is here to give you a free second opinion on your case. We will tell you if we feel you are being adequately represented and if the conjectured settlement amount is true. If you are still dubious as to the legitimacy of your current lawyer, we invite you to sit down with an expert lawyer experienced in medical malpractice cases for a free consultation, and we will tell you what we believe we can earn for you. Our team of attorneys will tell you what you need to know about the legal process and what we can do for you.
We also offer you a zero fee guarantee – you pay no expenses out of pocket for our legal help, and we are only paid when we win your case. The money comes from the settlement we earn, so you are guaranteed to suffer no financial loss whatsoever.
Call us today to speak to a Los Angeles attorney who has experience in spinal cord injuries suffered from medical malpractice.
