A discectomy is a surgical procedure that can help relieve pressure on the spinal nerves from a herniated disc. The chronic pain and other symptoms from a disc herniation make it difficult to stand, walk, and do other basic tasks. However, a botched surgery can cause even more harm and suffering to the patient.
Do you believe that negligence by your surgeon during a discectomy resulted in serious health complications? If so, you may have the option of filing a medical malpractice lawsuit against the doctor, other medical staff, or the hospital where you had the operation. If you would like more information regarding your rights and legal options, call us today and speak to a discectomy surgery malpractice lawyer.
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What is a Discectomy?
A discectomy, also known as a diskectomy, is a procedure where some or all of a spinal disc is removed in order to relieve pressure on the spinal nerves. The surgery is commonly performed on herniated discs that are unresponsive to non-surgical treatments.
A partial discectomy involves removing the portion of the disc that is pinching the nerve. If the patient requires a removal of the entire disc, the surgeon will implant a synthetic bone or bone graft to replace the disc that was removed. As the vertebrae fuses together, there will be less pressure on the nerve, thus reducing the level of pain.
Discectomies are considered fairly safe procedures, but there are risks with any surgery that patients must be aware of. However, no one should have to deal with permanent complications from a botched operation because of negligence by their doctor.
Here are some of the complications that you can experience after a poorly performed discectomy:
- Infection
- Excessive bleeding
- Leaking of spinal fluid
- Permanent nerve damage
- Injury to blood vessels
Other examples of malpractice during a discectomy include removing the wrong disc, leaving foreign objects (sponges, gauze, etc) inside the patient’s body, and taking out the wrong part of the disc.
Suing for Medical Malpractice
In order to sue a medical professional for malpractice, you would have to establish multiple factors, starting from the fact that you were owed a duty of care by the medical professional or facility. That means you and the party you are suing had a patient – healthcare provider relationship. For example, the defendant is the surgeon, and you are a patient who relied on them to perform a discectomy.
Due to the potential for death and severe complications, surgical team members owe their patients the highest level of care, safety, and skill before, during, and after the surgery. When a physician breaches their duty of care, like ignoring certain safety protocols during the procedure, they are likely to cause serious injuries with life-altering consequences.
As a patient who suffered physical and emotional harm due to negligence by a spine surgeon, you have the right to sue the surgeon for medical malpractice. You may also have grounds to sue the medical facility and other medical professionals, like the anesthesiologist or an OR nurse.
For lawsuit information on botched discectomy surgeries, contact our law firm and schedule a free case review.
Compensatory Damages from a Medical Malpractice Case
As someone who has been injured by a doctor’s breach of duty, you may qualify to receive multiple forms of payment, which are known as “damages.” Knowing which damages you can receive and the amount of compensation you are owed is crucial to obtaining the highest possible settlement. From a spine surgical procedure injury claim, you may be entitled to:
- Cost of medical treatments and services
- Lost income, including loss of earning potential
- Pain and suffering
- Emotional distress
- Punitive damages
- Cost of hiring a medical malpractice lawyer
One of our attorneys can talk to you about each of these categories, so don’t worry if these terms are unfamiliar to you. In addition, we can go over any other subjects that are on your mind, such as:
- What is the average case value of a medical malpractice claim for a botched discectomy?
- How long will it take to reach a settlement?
- I have an active claim against a spine surgeon, but I have concerns and need advice from another attorney.
These are just a few of the issues we can help you with here at Normandie Law Firm, so contact our legal experts and ask for a free consultation at your earliest opportunity.
Deadline to File a Doctor Malpractice Claim
As with any lawsuit, claims for medical malpractice have strict deadlines that you must be aware of in order to protect your right to monetary damages. The statute of limitations for those who were harmed by a negligent healthcare provider are as follows:
- 3 years of when the injury occurred / was inflicted
- 1 year, starting from when the patient learned about the injury (date of diagnosis)
It’s essential to verify the statute of limitations for a lawsuit and ensure that all the appropriate paperwork filed in a timely manner. We can help you with this process along with any other issues you run into along the way, so don’t hesitate to give us a call.
Contact Normandie Law Firm
Our law firm has been representing victims of medical malpractice for several decades, and we are more than prepared for the challenges of holding doctors accountable when they are guilty of negligence or misconduct. You can count on us to fight aggressively on your behalf and secure the payment you deserve as a victim of surgical errors during a discectomy.
We also provide free legal services under the Zero Fee Guarantee, so you are never asked to pay out of pocket when you hire us a for a spine surgery malpractice claim. We get paid by receiving a percentage of the funds that are paid to you by the defendant. That’s why we can proudly say you owe us absolutely nothing if we don’t bring you compensation from a botched discectomy surgery lawsuit.
If you are ready to discuss your case with a California medical malpractice attorney, please take a moment to contact us.
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