Spinal fusion is a surgical procedure that aims to stabilize the spine by permanently connecting two or more vertebrae. While it is a common treatment for spinal conditions like degenerative disc disease and scoliosis, it is not always successful. When a spinal fusion surgery fails, patients may experience persistent pain, reduced mobility, or even further complications. In some cases, a failed spinal fusion may be the result of medical malpractice.
While not all failed spinal fusion surgeries are due to negligence, medical malpractice can play a significant role in some cases. Patients experiencing complications should seek legal and medical advice to determine their options. Understanding the causes, warning signs, and legal rights can help individuals take the necessary steps toward justice and compensation.
What is a Failed Spinal Fusion?
For a spinal fusion to be considered a failure, the surgery won’t have the desired outcome. This means the bones in the spine don’t fuse properly, or the patient experiences continued pain, limited movement, or other complications due to the procedure. There are a few different causes of failed spinal fusions, which include:
- Pseudoarthrosis — When the backbones in the spine don’t fully heal and fuse, leading to instability and additional surgeries.
- Hardware Malfunctions — When any screws, rods, or plates break, loosen, or shift, leading to pain and additional surgeries.
- Inadequate Nerve Decompression — Pain can continue if nerve compression is not fully relieved.
- Scar Tissue Formation — Scaring can irritate the nerves around the spine and cause ongoing pain.
- Infection — Post-surgical infections can interfere with the healing process and cause pain.
- Adjacent Segment Disease (ASD) — The fusion can place unneeded stress on the surrounding vertebrae. This can lead to degeneration in the areas around the fusion.
- Post-Operative Negligence — If the patient doesn’t receive the needed post-surgical care, infections, and complications can go unnoticed, leading to pain and additional surgeries.
For patients who continue to suffer from pain and have consistent complications, despite having surgery, seeking legal help to pursue compensation may be necessary. This is especially the case if medical malpractice, such as surgical errors or post-operative negligence, played a role in the failed spinal fusion.
Signs of Medical Malpractice in Spinal Fusion Cases
While failed spinal fusions are significant, not all are the result of malpractice. In order to prove medical negligence, there are a few signs to be aware of when filing for medical malpractice in spinal fusion cases. These include:
- Persistent or worsened pain post-surgery without clear justification
- Infection due to improper surgical sterilization, or failure to prescribe necessary antibiotics post-operation
- Lack of proper imaging and follow-up care to monitor the bone’s healing
- the surgeon involved failed their professional obligation to provide a standard level of care
- Misdiagnosis or unnecessary surgery
- The surgeon, or medical provider, didn’t perform the accepted medical practices
- the patient suffered physical, emotional, and/or financial harm due to the procedure.
Identifying signs of medical malpractice after a failed spinal fusion surgery is crucial in spinal fusion cases. If any of the above signs occur, seeking legal and medical advice can help determine the best course of action for your case.
Legal Options After Failed Spinal Fusion
If you suspect medical negligence after a failed spinal fusion, there are several legal options available to seek compensation for your injury.
A few steps to take include gathering medical records, such as surgical details, imaging results, and post-operative care, providing crucial evidence for potential malpractice. Seeking a second opinion from another specialist can help determine whether errors were made, if the standard of care was breached, and could possibly provide ways to help your current medical situation.
If medical malpractice is suspected, hiring a professional medical malpractice attorney is essential in guiding you through the complex legal system and helping build a strong case. An attorney can help you file your lawsuit, ensuring it is done correctly, and help you pursue compensation for medical expenses, lost wages, and pain and suffering.
These steps help people seek accountability and financial relief after a failed spinal fusion, including pursuing a spinal fusion lawsuit settlement.
How Long Do You Have to File a Spinal Fusion Malpractice Lawsuit?
In Florida, there is a statute of limitations for filing against medical malpractice, including failed spinal fusion cases. The statute of limitations is generally 2 years, which begins either from the date the incident occurred or from the date the injury was discovered. Regardless of when the discovery date is, there is an absolute deadline to file, known as the statute of repose, which bars any malpractice claims filed more than four years post-date of the alleged malpractice.
There are a few factors that could take place in preventing the discovery of malpractice, such as if the healthcare professional engaged in fraud, concealment, or intentional misrepresentation. In this case, the statute of repose can be extended to 7 years from the date of the incident.
These time limits can vary depending on specific circumstances, such as cases involving minors or if the injury isn’t immediately discoverable. Consulting an experienced medical malpractice attorney in Florida to help navigate the complexity of medical malpractice laws and ensure that these deadlines are met.
When to Consult a Lawyer About a Failed Spinal Fusion
If you or a loved one are experiencing complications after a failed spinal fusion, it’s important to understand your rights and legal options. Seeking advice from a qualified medical professional and a legal expert, such as Abrahamson & Uiterwyk, can help you determine the best course of action.
A failed spinal fusion can result in persistent pain, limited mobility, or further complications. While not all cases are due to medical malpractice, negligence may be a factor if there are surgical errors, improper post-operative care, or failure to follow medical standards. Legal options include gathering evidence, seeking a second opinion, and consulting a medical malpractice attorney to file a lawsuit. In Florida, the statute of limitations for filing a claim is generally two years, with a four-year statute of repose (or up to seven years in cases of fraud or concealment). If you’re facing ongoing complications, seeking legal and medical guidance is crucial for protecting your rights and pursuing compensation.
