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Medical negligence and paralysis: 4 common legal claims

Quadriplegia is not a typical surgical outcome. In most cases, patients who undergo spinal surgery and experience paralysis as a result of the procedure are victims of adverse events. As such, these patients may be eligible for compensation to help cover the costs associated with the injury through a medical malpractice claim.

What type of legal claims do patients commonly pursue when quadriplegia results after spine surgery?

A study published in the United States National Library of Medicine delves into the legal causes used to build these claims. According to the research, the four most common legal claims connected to these events include:

  • Negligent surgery
  • Lack of informed consent
  • Failure to diagnose/treat
  • Failure to brace

Additional complications were found due to anesthetic errors, unnecessary surgeries, failure in credentialing and a failure to recognize an abscess.

What else should an injured patient know before filing a claim?

It is also important to have a basic understanding of how time plays a role in these cases. There are two primary considerations: filing the suit and navigating the case. There is generally a statute of limitations to file personal injury claims. This is generally two years after the injury occurs. There are some exceptions and extensions, an attorney experienced in this area can explain the intricacies of the statute of limitations.

The second consideration, the amount of time it takes to navigate a paralysis case, will vary depending on the details of your situation. However, the publication noted above found these cases tend to average four years.

Do I need a lawyer?

In short, yes. It is wise to seek legal counsel to help build a medical malpractice claim in the event a medical procedure results in paralysis. An attorney experienced in paralysis cases can better ensure you receive the legal compensation you deserve when injured by a medical professional.

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