Did you undergo a foraminotomy procedure due to symptoms like chronic pain, numbness, difficulty walking, or holding onto objects? If so, you went into the process with the expectation that your quality of life will be improved after a period of recovery. But what if you suffered serious complications due to negligent conduct by the physician that operated on you? Or, maybe you were a victim of unsafe conditions and practices by other medical staff and administrators in charge of running the hospital.
If these statements resonate with you, contact us immediately for lawsuit information on botched foraminotomy surgical procedures. Our attorneys are ready to educate you on your rights and fight to secure the compensation you deserve from a spine surgery medical malpractice claim.
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What is a Foraminotomy?
A foraminotomy is a type of spine surgery that is performed on patients with nerve compression due to injuries like herniated discs and bone spurs. Some of these conditions occur naturally, while others are the result of serious accidents, like a motor vehicle crash.
Essentially, the procedure involves the surgeon making an incision in the neck or back and exposing the foramina, or the opening in the spinal bones that are needed for the passage of nerves and blood vessels. This allows the physician to remove tissue and bone that’s compressing the nerve, thereby creating more space and relieving the pressure that is causing discomfort to the patient.
As with any spine / neck surgery, the procedure comes with various risks that doctors are obligated to inform you of, so that you can make an informed decision. These complications include excessive blood loss, nerve damage, stroke, and injury to the spinal cord. Considering the serious nature of these conditions, it’s essential that the surgeon exercise the highest standard of care when it comes to performing a foraminotomy.
Can I Sue for a Botched Surgery?
Yes, if the actions of your doctor meet the standard of medical malpractice, you can sue the healthcare provider for the injuries you suffered. However, negligence by a physician has to meet stringent criteria that are specific to medical malpractice claims. These standards have to do with many aspects of caring for a patient, like diagnosing an injury, recommending the right treatment, prescribing appropriate medications, and performing a surgery without grave errors that compromise the patient’s recovery.
Below are examples of malpractice by a doctor that are specific to cases of botched operations:
- Performing a procedure that is inappropriate given the patient’s condition and preexisting medical issues
- Leaving foreign objects inside the patient
- Operating on the wrong site
- Failure to adequately inform the patient of the risks associated with the surgery
- Failure to properly monitor the patient and provide other forms of post-operative care
At the end of the day, medical malpractice is an extreme complex area of law, so navigating the legal system will come with many challenges. To walk you through the process, we recommend that you speak with a foraminotomy surgery malpractice lawyer as soon as possible.
Available Compensation from a Foraminotony Surgical Error Lawsuit
What types of compensation you can receive from a medical malpractice case is based on many details that are specific to your claim. That’s why talking to a lawyer is the most important step when it comes to fighting for justice as a surgery malpractice injury victim. Possible damages that can be recovered on your behalf include:
- Cost of medical treatments, hospital visits, physical therapy, etc.
- Lost wages and job benefits
- Lost earning potential for severe / permanent injuries
- Pain and suffering
- Emotional distress
- Cost of hiring an attorney
- Punitive damages
Some of these categories may be new and unfamiliar to you, but that’s why our attorneys are here for you 24 hours a day, 7 days a week. By having a skilled and effective lawyer by your side, you can be sure that someone is handling every stage of the case and fighting to bring you maximum payment, based on your level of harm and suffering.
Medical Malpractice Lawsuit Deadlines
How much time you have for a lawsuit is a critical subject for those who are interested in suing a doctor for medical malpractice. If you miss the deadline for a claim, the laws in California will prevent you from going ahead with a lawsuit, unless you have extreme circumstances that can be used to ask for an extension. Overall, very few people qualify for additional time, so please make sure to initiate a claim within the statute of limitations for medical malpractice.
As a victim of a botched foraminotomy surgery, you must file a claim by either of these dates:
- Up to 3 years from when you were injured by an act of physician malpractice
- Within 1 year of when you found out about an injury resulting from negligence by your doctor
Which of these dates should you go by? What is the average case value of a foraminotomy procedure injury case? How long does it take to settle a medical malpractice lawsuit? We can help you with these questions and any other concerns you have about your legal rights during a free, private case review.
Contact a California Medical Malpractice Lawyer
Negligence by medical professionals before, during, and after a surgery can have devastating consequences for patients and their loved ones. Those who were affected may be eligible for a medical malpractice lawsuit, which you can learn more about by contacting us today.
As a contingency-based law firm, you have the assurance of knowing that all legal fees are charged to the defendant. That means the settlement you receive at the end of your case includes our expenses, and there is no cost to you whatsoever if we don’t recover your payment. That’s our promise you under the Zero Fee Guarantee, which we provide you with from the very first consultation.
If you are ready to explore your rights and the legal actions that are available to you, reach out to us at our law firm today.
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