Image of a brain.

Did you know about 20% of all practicing neurosurgeons in the United States face medical malpractice litigation each year?

Or that the majority of all neurosurgeon malpractice cases come about after a spinal surgery?

What about the average payout of neurosurgeon malpractice cases? Did you know neurosurgeon malpractice claims have the highest payout amounts? 

Neurosurgeons go through some of the hardest training and education so they can practice. And it’s them we turn to when we need surgical treatment within our nervous system. Most neurosurgeons undoubtedly provide exceptional care. But statistics show that some neurosurgeons perform below the standard of care. This opens the door for devastating outcomes and litigation. 

Neurosurgeon’s Negligence Leads To Permanent Damage For A Patient

A woman from Pomona, New York received $55.9 million after a botched spinal surgery. Patricia Jones went in complaining of tingling in her hands, arms, and neck. During the surgery, a piece of fractured bone became embedded in the spinal cord covering. Instead of fixing the issue, the neurosurgeon ignored it and continued on with the procedure. The next day Patricia’s blood pressure dropped. She became paralyzed yet the staff didn’t do anything for three hours.

When the CAT scan did finally come back, the radiologist showed an epidural hematoma. The neurosurgeon ignored yet again and told the patient her spinal cord suffered a stroke. Had a proper diagnosis been made, Patricia would not have become a quadriplegic. Unfortunately for her, negligence was followed by more negligence throughout her treatment.

If a neurosurgical mishap has brought devastation into your life, you could be compensated. Contact Hampton & King to find recourse and get the justice you deserve.

Neurosurgeon in surgical gown.

Neurosurgeons & What They Do

Neurosurgeons are surgeons who work with the brain and spinal cord, invasively. They perform surgeries to help the brain recover from trauma, illness, or injury.

Conditions/Diseases Neurosurgeons Can Help With

      • Epilepsy
      • Alzheimer’s Disease
      • Moyamoya Disease – blocked arteries in the basal ganglia
      • Tumors
      • Spinal cord/brain cancer
      • Neuralgia
      • Spinal stenosis

What Does Neurosurgeon Malpractice Look Like?

Procedures involving the nervous system are extremely delicate. Small errors can wreak havoc on a patient’s health. They can even result in permanent damages such as paralyzation. 

Here are some examples of what could lead to medical malpractice cases for neurosurgeons:

      • Nerve damage/paralysis from an incorrect incision 
      • Bleeding in the brain that isn’t stopped
      • Infection that spreads in the brain during or after surgery
      • Increased pressure in the brain that could lead to stroke
      • Administering the incorrect dosage of medication
      • Delayed diagnosis 
      • Misdiagnosis (due to incorrect test readings, ignoring test readings, or not ordering tests at all)
      • Performing the incorrect surgery
      • Not providing adequate aftercare
      • Discharging a patient too quickly
      • Not obtaining patient medical history

Sometimes mistakes are inevitable. Even if you’re under the care of the top neurosurgeon in the country, there are risks involved. Identifying any issues as soon as possible can avoid more detrimental issues later on. Acting quickly is also a part of proper medical treatment. 

Common Side Effects Of Neurosurgical Errors

Neurosurgical errors can have devastating results. Here are some of the more common side effects of errors a neurosurgeon might make:

      • Aneurysms
      • Brain Injuries
      • Paralysis
      • Extreme pain
      • Infection

Because neurosurgeons are working with the most delicate part of your body, it’s crucial they act carefully. Even the slightest mistake can have devastating results that could last a lifetime.

Filing A Neurosurgeon Malpractice Claim

Filing any sort of medical malpractice case can be tricky. Identifying whether you even have a claim is the first step. If your illness, injury, or pain occurred because of the direct result of what the neurosurgeon did or didn’t do, then you may have a medical malpractice case.

So how do you prove negligence? How can you ensure your case will show your injury or illness was preventable? You’ll want an experienced attorney on your side to ensure your case includes everything for the result to be in your favor. But here’s what your claim needs to show: 

      1. The neurosurgeon had a duty to provide you with proper medical care. This includes everything from properly diagnosing you to following up with you post-op,
      2. A breach of duty occurred. Somewhere in your treatment journey, the neurosurgeon performed below the standard of care. Perhaps they ignored some test results. Maybe they didn’t monitor your vital signs during surgery.
      3. The neurosurgeon’s negligence directly impacted you and caused you harm.
      4. All the damages you suffered.

An experienced lawyer can help ensure your claim will have all the bases covered.

Ready To File? Some Preparation First

Now that you know what your neurosurgeon malpractice claim must show, here’s what YOU need to do!

Prepare. Prepare. And prepare even more.

In the world of law, there’s no such thing as too much preparation. Prepare by gathering all the documents relevant to your case. Here’s what you’ll want to gather, even before your first meeting with a lawyer:

      • Your medical records. This includes any lab results, x-rays, scans, and other testings. 
      • Your medical bills. If your injury was preventable, you’ll want to show the court just how many medical expenses you’ve had because of your neurosurgeon’s negligence. 
      • All forms of communication with your provider. Whether you talked with your neurosurgeon through a patient portal or sent an email to the nurse, you’ll want a copy of it. 
      • Any medications or prescriptions

The more evidence you have to back your claim the better!

Victim filing neurosurgeon malpractice lawsuit.

Contact A Medical Malpractice Attorney

Maneuvering through any litigation case is difficult. That’s why you need the help of an experienced lawyer. You’ll want an attorney who has experience fighting malpractice cases. Contacting the right attorney can be the difference in a failed or successful claim. Act Quickly.

Sure, you want justice and compensation as soon as possible. But that’s not the only reason you should file your claim as soon as possible. When it comes to medical malpractice cases, there’s a strict statute of limitations. You have 2 years to file your neurosurgery malpractice case.

We understand going to see a neurosurgeon can be nerve wracking enough. But coming out in a worse condition than when you went in is not okay. At Hampton & King, we believe doctors should be held responsible for their negligence. We’d love for you to receive the compensation you deserve. Contact us today for a free neurosurgeon malpractice consultation.

Neurosurgery Malpractice FAQ’s

Which damages can I ask for in my neurosurgery malpractice case?

When filing a malpractice claim, it’s obvious you’ll want to seek compensation for your medical expenses. Some of the damages you can ask for include:

      • Future medical expenses you’ll incur because of the neurosurgeon’s negligence
      • Lost wages
      • Expenses covering diminished quality of life
      • Pain and suffering

How much compensation can I expect for my neurosurgeon malpractice case?

When it comes to lawsuits, every case is different and will yield different results. But because the injuries that may result from neurosurgical errors can be so costly, most patients can expect significant compensation.