An older main experiencing debilitating back pain.
It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. 
 
Let us introduce you to Talia Goldenberg, a brave young woman who was looking for a better life. At only 23 years old, Talia had an extremely bright future ahead of her. She was smart, beautiful, and had a special artistic ability. But she was also in pain. To help reduce the symptoms of Ehlers-Danlos Syndrome, she sought the help of a surgeon.
 
But little did she know, that her surgeon was known for rushing from surgery to surgery. How could she have known? 

Talia’s doctor didn’t give her case the proper time and attention it needed. And he didn’t thoroughly consider her medical history. Unfortunately, Talia didn’t make it. A life taken away, and family and friends left to pick up the pieces. This is a tragedy that could have been prevented.
 
In case you’re unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. The purpose is to straighten the spine or reduce pain. Keep reading to learn more!
Images of a woman's spine.

The Effects of Spinal Fusion Surgeries

Patricia was 56 when she had spinal fusion surgery. The surgery was supposed to relieve pain in her neck, arms, and hands. Unfortunately, she was injured during the surgery, and a piece of fractured bone embedded in the protective covering of her spinal cord.

The result? A spinal cord contusion. And to add insult to injury, the injury wasn’t properly diagnosed in time to correct what had happened. Sadly, Patricia became paralyzed. 

Doctors were criticized for not first trying physical therapy, anti-inflammatory drugs, or acupuncture. Jumping right into a complicated surgery resulted in Patricia never being able to walk again. 

Like Patricia, you deserve to know all potential risks prior to surgery. And your doctors should communicate any alternative treatment options available. 

Why Spinal Fusions are Performed 

Though spinal fusions are complicated procedures, they can still be the most viable option for some patients. For many, this surgery can bring forth a greater quality of life. There are many reasons a doctor may suggest a possible spinal fusion surgery, but here are some of the more common:

  • You have a broken vertebra from a severe injury that needs repair. This could be from a car accident, a slip and fall accident, or a construction accident. 
  • There are deformities in your spine that are in need of repair.
  • Or you have a condition like Talia’s which needs stabilizing to help reduce pain and symptoms. 

No matter what injury or condition brings you to the doctor, you deserve quality care. If you didn’t receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit.

Common Risks of Spinal Fusions

Every surgical procedures carries some risk, and of course your doctor can’t predict everything. But if something about your care seems questionable, seek the help of an experienced legal professional. So often, patients blindly put their trust in medical professionals, but doctors make mistakes too.

Here are some of the complications patients may endure after a spinal fusion surgery:

  • Pain
  • Weakness
  • Bowel and bladder problems 
  • Infection
  • Bleeding
  • Nerve damage
  • Decreased range of motion

Some of these symptoms may be considered normal, but if they’re severe or don’t go away, there may be a problem. Are you experiencing any of these symptoms? Did something seem “off” about your experience? If so, don’t hesitate to contact our office. We can help you get to the root of the issue and figure out if this is normal, or if someone’s at fault. 

3 Reasons To Pursue A Failed Spinal Fusion Lawsuit 

A spinal fusion can result in a lawsuit for a slew of reasons. But here are some of the most common:

  1. The doctor failed to recognize a complication during the procedure. 
  2. The doctor recommended the surgery when it wasn’t in the patient’s best interest.
  3. Alternative options were never given.

To decide if you have a possible spinal fusion lawsuit, one significant question must be answered: Would a reasonably skilled surgeon in the same position have made the same mistake? If the answer is no, then you may have a case. 

It’s important to note that spinal fusions are considered somewhat controversial within the medical world. There are a lot of different opinions among equally skilled professionals. This can make botched spinal fusion lawsuits harder to win, but there are so many variables that come into play so don’t discount your situation without talking to a professional.

In Patricia’s case, the surgery never should have happened. Her symptoms could have been treated with less complicated methods and it was her doctor’s responsibility to communicate this to her.

Doctor looks at an x-ray of the spine.

Lack of Informed Consent  

You may also have a case if the surgeon failed to inform you of potential risks of the procedure. Depending on the state you live in, you may need to prove that:

  1. A reasonable patient would have wanted the information.
  2. Or a reasonable doctor would have given the information. 

If you’re pursuing this avenue, a lawyer will want to prove that a reasonable patient would have said “no” to the procedure had they been given the information.

Spinal fusion complications are well known. It’s likely your doctor had you sign a consent form explaining that you understood the risks. This doesn’t mean you’ll lose the case but it may mean you have a harder fight to battle. But every situation is different, and that’s why it’s important to speak with an attorney.

Pursuing A Failed Spinal Fusion Lawsuit

It’s more than acceptable to pursue a failed spinal fusion lawsuit when reasonable care isn’t given. There are three things to consider if you think you’re a victim.

Factors influencing the average settlement for spinal fusion lawsuits include: 

If you think that you have a case based on the circumstances discussed in this article, contact our office by filling out a brief online form. You have a right to hold guilty people liable for your suffering. If you or a loved one are suffering from these devastating effects, we want to help.