Did you have an artificial disc replacement surgery that resulted in serious injuries and health complications? Were the problems caused by surgical errors, misdiagnosis, and other acts of negligence by your doctor? You may be a victim of medical malpractice by a spine surgeon, another medical professional, or the facility where you were subjected to a botched operation.
If you are interested in learning about your rights and legal options, including lawsuit information for malpractice by a doctor, contact the artificial disc replacement surgery malpractice lawyers of Normandie. We are more than ready to investigate your case and see if you are eligible for a compensation claim for medical expenses, pain and suffering, and other monetary damages. Reach out to us at your earliest convenience to schedule a free initial consultation.
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What Happens in an Artificial Disc Replacement Procedure?
Some people end up with degenerated discs in the spine due to health issues like degenerative disc disease. Others have accidents that cause severe spine injuries, and artificial disc replacement may be used in place of another procedure, known as a spinal fusion.
The surgery involves the doctor replacing the degenerated discs with artificial implants, either in the cervical spine or lumbar spine. By replacing the degenerated discs, the patient should experience relief from chronic pain, loss of coordination, and muscle spasms.
Doctors must be transparent about the risks associated with artificial disc replacement, such as:
- Blood clots, which increases your risk of stroke
- Allergic reaction to the implant
- Hematoma
- Breaking or loosening of the implant
- Difficulty swallowing
- Infections
- Spinal cord injury, leading to paralysis
This is not a complete list of the adverse side effects that can happen from an artificial disc replacement. Thus, doctors must exhaust all other options for the patient before they recommend a spinal surgery procedure. Unfortunately, the chance of severe, permanent damage is that much greater when doctors are negligent in their duty of care.
When Things Go Wrong During an Artificial Disc Replacement Surgery
We must always keep in mind that surgery comes with inherent risks and complications. So, it’s possible that you can be injured during a procedure, even if the doctor takes any and every precaution to prevent bodily harm.
However, there are certain standards that must be followed to the letter, which are established by medical boards and other professional organizations. When a surgeon or any other healthcare provider breaches their duty of care, patients are at risk of death or permanent complications.
Consider some of the events that can happen when doctors fail to exercise the highest standard of care:
- The surgery is performed on the wrong site
- The surgeon may remove another disc instead of the one that is affected by degenerative disc disease and other health issues.
- Surgical tools and other foreign objects may be left inside the patient’s body.
Any of these issues can cause significant harm to innocent patients that have no choice but to rely on their doctors. The pain that was supposed to be relieved could be worse, thereby defeating the whole point of the surgery. Patients can also die from an infection, stroke, and other complications, or end up with a disability that permanently compromises their quality of life.
Can I Sue for Injuries from a Botched Surgery?
Yes, you may qualify for a medical malpractice lawsuit based on the circumstances surrounding your surgery and the harm you suffered as a result.
To proceed with a legal case, you will need to establish many factors, including the fact that you and the healthcare provider shared a patient-doctor relationship. The existence of the relationship means that the doctor is obligated to provide you with the highest standard of care. By taking certain actions or failing to act, the physician breached that duty of care before, during, or after a surgical procedure. Because the doctor breached their duty of care, you suffered bodily harm, emotional trauma, and monetary losses, which you are seeking to recover from a botched artificial disc replacement injury claim.
This is a simplistic explanation of the legal process, which does not take into account many details that are essential to your case. For a thorough discussion on your right to sue for medical malpractice, don’t hesitate to give us a call.
Deadline to File a Claim for Medical Malpractice
It’s crucial for injury victim to learn about the statute of limitations, which is a window of time that you have to file a lawsuit against the party that harmed you. In California, medical malpractice claims must be filed no later than:
- 3 years from when the patient sustained the injury
- Within 1 year of discovering an injury caused by doctor negligence
Contact Our Law Firm
Artificial disc replacement surgeries can help patients experience relief from crippling back pain and other debilitating symptoms. But careless or reckless conduct by a surgeon can increase the patient’s pain and suffering. If you believe that your doctor neglected their duty to ensure the highest level of patient care to you or a loved one, contact the offices of Normandie Law Firm as soon as possible.
We have a contingency fee structure, so none of our clients are asked to pay upfront. The cost of legal representation is paid to us by the healthcare provider at the same time as your compensation award. Our clients are also protected by the Zero Fee Guarantee, so you do not have to worry about paying for a lawyer if we fail to recover your settlement.
It all starts with a free case review, so please get in touch with us today. Our medical malpractice attorneys look forward to fighting for your interests and joining you on the path to recovery.
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