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The Difference IS OUR PASSION We truly care about our clients NYC PERSONAL INJURY LAWYERS We've recovered millions. for victims of personal injuries. Get a risk free consultation Over 30 years Experience. We know how difficult this is
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NYC Spinal Cord Injury Lawyers

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When a surgeon negligently performs a spinal surgery and harms a patient, it may be medical malpractice. Medical malpractice is an area of law allowing a patient harmed to sue for damages they incur for the negligently performed procedure. If a patient dies because of the substandard care given to them, a patient’s family member can sue on their behalf.

What is a Spinal Cord Injury?

The spinal cord plays an important role in how the body functions. For instance, the spinal cord regulates body temperature, respiration and bladder control. A spinal cord injury refers to damage to a person’s backbone, spinal cord or nerves in those areas. Depending on where the nerve and vertebrae damage, a person’s limbs can become paralyzed. An injury to a spinal cord can cause chronic health problems.

If you or your loved one has been harmed because of a spinal surgery negligently performed by a surgeon, contact us. We will explain New York medical malpractice law and how to proceed with your claim. Contact us today.

Types of Injuries to a Spinal Cord

Spinal cord injuries are separated into three categories based on the location of the spinal injury:
1. Thoracic Spine Injury: A T-spine injury is sustained in the mid-back or shoulder blades
2. Lumbar Spine Injury: An L-spine injury is sustained in the lumbar area, lower back or tail bone
3. Cervical Spine Injury: A C-spine injury is sustained in the neck or upper area of the spine

Injuries that occur during Spinal Surgeries

Many of spinal cord injuries that happen during neck and/or back surgeries. Some common spinal surgery injuries that lead to medical malpractice claims include:
• Delayed diagnosis of a spinal cord infection
• Faulty administration of a patient’s spinal block
• Error in giving a patient anesthesia in their spine
• Orthopedic surgeon not experienced in performing spinal surgeries
• Failure to diagnose and/or treat a stroke
• Failure to detect tumors that may damage a patient’s spinal cord
• Error in preforming neurosurgery
• Leaving a spine fragment in a patient that causes an injury to a patient’s spinal cord
• Operating on the wrong area of the spine
• Operating on the wrong disc
• Misplacing spinal screws
• Failure to adequate place screws in the spine causing them to

Have you or a loved one is suffering from a spinal cord injury because of the recklessness or negligence of a healthcare professional? You may be entitled to compensation. The amount of the money you’ll receive depends on factors such as the spinal injury and surgeon’s negligence.

Suing a Surgeon for Medical Malpractice

The foundation of a medical malpractice lawsuit is whether the surgeon and patient had a doctor-patient relationship. This means a patient, or plaintiff, hired to surgeon and the surgeon, or defendant agreed to be hired. This doctor-patient relationship creates a legal duty for the surgeon to provide standard medical care to the patient.

Standard medical care involves a surgeon performing a surgery in a competent way. New York law doesn’t require a surgeon to provide a patient with the best medical care. The law does require the medical care given be competent. The medical care given must not harm a patient.

When a surgeon causes a spinal injury, it’s called breach of duty. Breach of duty is a violation of standard medical care required by New York law. The standard, or competent, care is not substandard. However, that doesn’t mean the substandard care led to an injury.

Since majority of patients are seeking treatment, it’s assumed they’re already injured. A surgeon can’t commit medical malpractice if the patient injured didn’t sustain a further injury. So a patient’s attorney must show how the surgeon’s negligence caused the patient’s additional injury.

Negligence occurs when a surgeon fails to perform a spinal surgeon in the same or similar way a competent surgeon would have done. If another surgeon wouldn’t have performed the spinal in the same way a patient’s surgeon did, then it’s negligence.
Did that negligence lead to a patient incurring damages? Damages is a fancy legal word for money. A patient must have incurred damages because of a surgeon’s negligence.

Do you have a right to damages because of a surgeon’s negligence? Let us determine if you have a medical malpractice claim. We will determine the following and help you get the money you deserve:
• You or your loved one was injured
• The healthcare professional treating you had a legal duty not to harm you
• They violated their duty by injuring you
• You deserve to be compensated for your injury
Contact immediately. We’ll start working on your claim and get you the money you deserve.

Damages Available to a Patient Who Sustained a Spinal Cord Injury

In New York, a patient who sues for spinal surgery medical malpractice can receive three types of damages.
• Economic Damages allows a patient or their loved one to recoup the money lost that can be documented. For instance, current and future medical bills, lost wages or funeral expenses are economic damages.
• Noneconomic Damages allows a patient or their loved one to recoup money that can’t be documented. Noneconomic damages include things such as pain and suffer and mental anguish.
• Punitive Damages are rare. They depend on the plaintiff’s bills or emotional loss. Instead, punitive damages are given to a plaintiff to punish a defendant. For instance, if the surgeon’s negligence was done with malice, carelessness or recklessness, a judge or jury may award punitive damages. This damages can range from $1 to millions of dollars.

New York has a Time Limit on Spinal Surgery Medical Malpractice Claims

New York doesn’t cap the amount of money a patient can receive for their spinal surgery injury. It does limit the time a patient has to sue. A New Yorker has two years and six months to sue a surgeon for medical malpractice. If the statute of limits expires, then a patient can’t sue. Theirs is one exception. New York allows a patient who suffers a spinal injury that comes from a foreign object being in left in their body a longer time to sue. For example, if a surgeon leaves a surgical equipment or a spinal screw inside a patient’s body during surgery, it’s malpractice. The patient has about a year from the time the foreign object was discovered to sue.

We Will Get You the Money You Deserve

You or your loved one underwent spinal surgery to get better, not worse. We understand the devastation spinal injury has caused you. We want to do more than understand your pain. We want to fight on your behalf to get you the money owed to you. Contact today.

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40 Fulton Street, NYC, New York, 10038.
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Long Island

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1 Old Country Road, Carle Place, New York.
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Suffolk County

Suffolk County

150 Motor Parkway, Hauppauge, New York, 11778.
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