The spinal cord is a sensitive area of the body that should be handled with extreme caution when performing a surgery. When a surgeon fails to exercise caution when performing a spinal cord surgery, this can lead to a patient suffering damage that may even cause paralysis. If you or a family member sustained spinal cord damage from surgery, you should consult with an experienced Maryland spinal cord injury attorney caused by surgery.
Surgical error malpractice lawyer Randolph Rice has over 20 years of legal experience litigating medical malpractice cases, and he would like to offer you his legal skills to fight for the compensation you deserve. The Law Offices of Randolph Rice would like you to know that you are not alone in your fight for justice, and we are here to help you through this difficult time. To schedule a free legal consultation to speak about the details of your potential lawsuit, contact the Law Offices of Randolph Rice at (410) 694-7291. You can also schedule a consultation online.
Liability for Spinal Cord Damage from Surgery in Maryland
When performing surgery on the spinal cord or near the spinal cord, it is vital for a surgeon to use caution. Unfortunately, some patients emerge from surgery with a spinal cord injury with a severe injury that may impact their life forever. If you were the victim of a spinal cord injury during surgery, you should be aware of the responsible parties that could be held liable for your injuries. The following are some parties that could be liable for a surgical error resulting in a spinal cord injury.
Surgeon that Performed the Procedure
As you might expect, the surgeon in charge of your procedure would be one party that can be held liable if the procedure goes wrong. Medical practitioners must uphold a standard of care that is common among their specialized fields. This means that a doctor that fails to uphold this standard of care could be liable for a patient’s injuries.
There are several reasons that may explain why a patient suffered a spinal cord injury during surgery. For example, if the surgeon negligently made an incision into nerves in the spinal cord, this could cause the patient to experience partial or complete paralysis. Our firm can help you pursue a legal claim against a surgeon that failed to act responsibly during your procedure.
Hospital Employing the Surgeon
In some cases, the hospital that employs the surgeon could also be held liable for the surgeon’s negligent actions due to the doctrine of respondeat superior. The doctrine of respondeat superior permits allows a plaintiff to pursue a lawsuit against an employer to hold them vicariously liable for the actions of an employee. As a result, when a surgeon commits a medical mistake that leads to a spinal cord injury for a patient, the patient can use the surgeon’s actions as the basis of a claim against the hospital that employs them.
Note, however, some hospitals may employ certain medical staff as independent contractors in order to avoid liability in a medical malpractice lawsuit. Hiring an employee as an independent contractor allows an employer to often escape liability because the employer more freedom to perform their work obligations. For example, a doctor could have an office in a hospital building but may be free to operate the office in their own manner. This would allow a hospital to claim that they had no control over the doctor when they committed medical negligence.
Some other parties could be named in a medical malpractice lawsuit for a spinal cord injury. For example, the medical staff that assisted during the surgery may have played a role in the patient’s injuries. However, it could be challenging to claim a large number of damages from an employee of a hospital whose salary is not comparable to a doctor’s salary. As a result, some plaintiffs may choose to file suit against a party they know has the ability to pay damages.
To learn more about the damages available for a spinal cord injury lawsuit in Maryland, you should continue reading and speak with an experienced Maryland spinal cord injury lawyer.
Damages Available for a Spinal Cord Injury from Surgery Lawsuit in Maryland
Victims of a spinal cord injury due to a surgical procedure can seek damages from the negligent medical practitioners that caused their injuries. Damages are awarded to a plaintiff after they have prevailed in a lawsuit. The damages available may vary depending on the circumstances of the case.
The compensatory damages awarded for a medical malpractice case can be broken into two categories: economic and non-economic. Economic damages are determined by objective factors like the medical expenses incurred by a victim. Non-economic damages are determined based mostly on subjective factors. The following is a list of compensatory damages that may be awarded for a spinal cord injury malpractice claim:
- Medical bills, costs of rehab, prescription expenses
- Pain and suffering
- Loss of enjoyment
- Loss of wages
- Emotional distress
Work with Our Experienced Maryland Lawyer for Spinal Cord Damage from Surgery
If you or a family member suffered spinal cord damage during surgery due to medical negligence, you should speak with an experienced Maryland lawyer for spinal cord damage from surgery. Our legal team is prepared to help you build your surgical error medical malpractice claim. To schedule a free legal consultation to discuss your potential lawsuit, contact the Law Offices of Randolph Rice at (410) 694-7291. You may also contact us online.