Back Surgery Miami Medical Malpractice Lawyer: Sean M. Cleary
How we help in a back surgery malpractice case?
We obtain and review all medical reports, video surveillance and the digital printout of the intraoperative monitoring data to pinpoint when and how the error occurred.
Sean M. Cleary
For most types of spine surgery, both neurosurgeons and specially trained orthopedic surgeons may be considered. Annually in Florida, around 3.4% of the practicing neurosurgeons face malpractice claims. Also, around 4% of the practicing orthopedic surgeons are being sued for malpractice annually. The infection rate for open back surgery is 19% and for minimally invasive surgery is 0,49%. Around 70% of the cases in Florida involve improperly performed back surgical procedures. The second highest reason for malpractice claims in Florida (28% of the cases) is the failure to properly diagnose the condition following unnecessary back surgery.
Medical malpractice during back surgery
Advances in medical science have helped spinal surgeons be more targeted in operations involving the spinal column (vertebral fusion), spinal discs (disc replacement) and spinal cord. However, medical malpractice can happen during back surgery if the surgeon is negligent while performing the procedure. Negligence in the context of medical malpractice refers to the surgeon performing surgery in a way that is inconsistent with the standard of medical care required by law and the medical community. The most common types of back surgery malpractice claims in Miami and Florida include:
Recommending the procedure when it is ill-advised and not informing of viable alternative procedures
Failing to fully inform of all the risks before performing the procedure
Performing the wrong type of back operation on the patient
Operating on the wrong disc or wrong level of the spine
Failing to remove medical equipment from the surgical incision
Leaving the back wound untreated
Failing to recognize a complication
Prescribing the wrong medication or the right medication in the wrong dosage
Misplacing spinal screws or screws that come loose
Leaving a spine fragment in the patient that impinges on the spinal cord
Back infections that are undiagnosed or treated and put pressure on the spinal cord
Cauda equine syndrome that is undiagnosed or a delay in treating this back injury
Failure of medical equipment, ER related errors
When a surgeon is negligent in performing back surgery, and the patient is harmed, a medical malpractice claim can be filed. Sean Cleary, our experienced medical malpractice attorney based in Miami, Florida will review your entire patient medical chart, including the surgery reports, and then discuss the case with a board-certified surgeon to determine whether the condition of the spine was properly treated and whether the patient suffered an injury due to medical malpractice. We can match the electronic data against the mechanical work of the surgery to establish when and how the error occurred. If there was a medical mistake made by the surgeon, we then pursue a medical malpractice case, file the claim with the insurance companies and take your case to the Florida court if needed.
Back surgery medical malpractice injuries and compensation in Florida County
Back surgery malpractice claims in Florida may extend to cover the loss of livelihood or other lifelong damages. Claims for errors that keep an individual from resuming normal life can be brought to seek compensation for:
Loss of feeling or prolonged and debilitating pain in back, rear, legs, neck, and hips
How can we help after you've suffered back surgery malpractice in Florida?
If you or your loved one was disabled or harmed in Florida County following spine surgery, you may have grounds for a malpractice claim or lawsuit. Our past clients and experience in medical malpractice help us identify the errors in medical judgment, deviation from medical standards or negligence that led to the adverse outcome. Our Miami based law firm is prepared to go to trial to hold medical personnel and hospitals accountable for losses and hardships.
Our highly skilled and dedicated staff managed to obtain over the years significant settlements for various medical malpractice cases, and we are always focused on transparency and meaningful communication with every client. We look forward to assisting our clients in court and improving their lives by making sure they will receive the right compensation for their suffering.
When preparing for a medical malpractice case, you must act quickly and diligently because the law has special provisions that may hinder your efforts of filing a claim. In Miami, the statute of limitations for medical malpractice claims is two years from the moment the patient discovered or should have discovered the injury. Call us at 305.416.9805 or contact us online to arrange a free consultation.
Do I Have Grounds for a Back Surgery Malpractice Lawsuit? »
If the surgical hardware was used incorrectly, if the wrong medication or dosage was prescribed, if the patient was diagnosed incorrectly, if there is a persistent back pain, pressure ulcers or staph infections after surgery, you may have grounds to file a back surgery malpractice lawsuit.
The Surgeon Did Not Inform Me About the Risks of Spinal Surgery. Can I Sue Him for Malpractice? »
Surgeons have to always provide patients with sufficient information about the risks of their surgery procedure so they can opt in or out in full possession of all data. Failure to provide information might justify a medical malpractice lawsuit. Get advice from an experienced attorney.
The professional negligence of a healthcare provider that offered substandard treatment and caused injury, harm, or even death is called medical malpractice. It often involves an error of dosage or diagnosis, aftercare or inaction. Any healthcare professional or institution might be held legally responsible.