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Since 1979, Dov Apfel has been passionate about advocating for birth injury and medical malpractice victims. Mr. Apfel’s career-long record of achievements in birth injury litigation, education, and advocacy has been recognized by the Executive Board of the Birth Trauma Litigation Group of the American Association for Justice. His expertise is demonstrated by his numerous awards, presentations on birth injury topics at legal conferences for organizations like the AAJ and ATLA, and articles published by Trial Magazine and many others.
Read Bio
Since 1979, Dov Apfel has been passionate about advocating for birth injury and medical malpractice victims. Mr. Apfel’s career-long record of achievements in birth injury litigation, education, and advocacy has been recognized by the Executive Board of the Birth Trauma Litigation Group of the American Association for Justice. His expertise is demonstrated by his numerous awards, presentations on birth injury topics at legal conferences for organizations like the AAJ and ATLA, and articles published by Trial Magazine and many others.
Key Takeaways
When you agree to a major spinal surgery, you live with the risk of complications to give yourself a chance at significantly improving your quality of life. If something goes wrong, you might wonder whether a surgical error is to blame. However, a bad outcome from a spinal surgery is not always caused by malpractice.
If you suspect a surgical error after a failed spinal procedure, it’s understandable to feel uncertain and confused. Speaking to an experienced spinal cord injury lawyer can help you understand what happened and determine if you have a viable case.
What Is Failed Back Surgery Syndrome?
Failed Back Surgery Syndrome (FBSS) is a condition describing spinal pain that persists or worsens in spite of a spinal surgery or emerges after the procedure. An FBSS diagnosis means your spinal surgery failed to relieve back pain, whether by not fixing the problem or creating a new one.
However, a procedure ending in FBSS does not necessarily mean your surgeon made a mistake. To qualify as malpractice, the outcome must have been caused by a preventable error rather than a known surgical risk.
What Are Some Common Spinal Cord Surgery Errors?
Some of the spinal cord surgery errors that most frequently result in medical malpractice cases include:
- Incorrect spinal level: The surgeon may operate on the incorrect part of the spine thanks to imaging issues or negligent preparation, potentially causing more problems instead of fixing the intended issue.
- Insertion errors: A doctor can cause significant and lasting damage to the spinal cord if they’re not careful. One of our clients suffered permanent nerve damage after a doctor failed to properly insert a needle more than 20 times during a spinal tap procedure.
- Poor sterilization practices: Lax surgical protocols could expose you to bacteria on equipment that should be sterile, causing you to develop a potentially deadly antibiotic-resistant infection after the procedure.
- Foreign object left in the body: A negligent surgeon may leave surgical instruments or medical equipment inside your body after a surgery, which can lead to a variety of serious complications.
- Anesthesia errors: Too little anesthesia could cause you to wake up during surgery, leading to a painful and traumatic experience. Too much anesthesia can cause serious issues with your breathing or blood pressure.
- Unnecessary surgery: If your condition is misdiagnosed, you may undergo spinal cord surgery that you did not need, which can cause permanent damage to your back.
What Are Some Signs of Spinal Cord Surgery Errors?
Knowing the red flags associated with surgical errors can help you catch potential malpractice quickly after your spinal cord procedure, potentially preventing serious complications. Common signs of medical errors after a spinal cord surgery include:
- New, persistent, or worsening back pain
- New nerve-related symptoms, such as numbness, weakness, and tingling sensations
- A sudden loss of bladder, bowel, or muscle control
- Fever, redness, chills, and other signs of post-surgical infection
- A second opinion from another trusted doctor raising concerns about the procedure
- Your surgical team gives vague, uncertain, or unresponsive answers to your questions about the procedure
If any of these signs align with your experiences after spinal cord surgery, you should seek medical evaluation immediately. Consider getting a second opinion from another doctor and contacting a spinal cord injury attorney to explore your legal options.
What Should I Do if I Suspect a Spinal Surgery Error?
If you believe you may have been injured by a surgical error during spinal cord surgery, don’t wait to take action. The sooner you start investigating your claim, the better your chances of success will be. Your first steps should include:
- Pursue immediate medical treatment for any potentially serious surgical complications.
- Preserve all medical records and communications related to your procedure.
- Schedule an evaluation with an independent spine specialist to get a second opinion.
- Consult with an experienced Chicago medical malpractice attorney to explore your legal options.
Spinal Surgery Error FAQs
How Do I Know If My Back Surgery Was Malpractice or Just a Bad Outcome?
It can be difficult to tell malpractice apart from an inherent risk of surgery, but a trusted professional will know what signs to look out for. Getting a second opinion or speaking with a knowledgeable medical malpractice lawyer can help you understand what caused your failed spinal surgery and whether you have a valid claim.
How Long Do I Have to Sue After a Failed Back Surgery in Illinois?
In Illinois, you generally have two years to file a claim after a failed back surgery. To ensure you file your claim on time and can access key evidence at its strongest, it’s important to get started and speak with a spinal cord injury lawyer as soon as possible after your procedure.
Does Signing a Surgical Consent Form Mean I Can’t Sue?
No, a surgical consent form only means you understood the risks of your surgery and agreed to proceed. It does not mean you cannot pursue a claim if you were injured because of a preventable surgical error.
My Doctor Says My Outcome Is Normal. Can I Still Pursue a Claim?
A surgeon who is potentially liable for malpractice won’t readily volunteer that they made a mistake. If your doctor says your failed procedure was within the normal range of outcomes, you may still be able to pursue a claim. A knowledgeable spinal cord injury lawyer can help you determine whether you have a valid case.
How Much Does it Cost to Hire a Spinal Surgery Malpractice Attorney in Chicago?
Our experienced spinal cord injury lawyers don’t charge anything up front. With our contingency fee structure, you won’t pay us anything unless you win your case.
Need Help After a Failed Spinal Surgery? Call Us Today
If you’ve experienced a failed back surgery and believe a surgical error may be at fault, the trusted Chicago medical malpractice lawyers at Levin & Perconti can help you build a claim and get the justice you deserve. Contact us online or call (312) 332-2872 today to schedule a free consultation with our team.
