Spinal surgery is one of modern medicine’s most complex and delicate procedures. While it can offer relief for chronic pain or correct severe spinal conditions, errors during surgery can result in permanent injury, loss of mobility, or even paralysis. If you or a loved one has suffered harm due to a spinal procedure gone wrong, you may be wondering whether you have grounds for a medical malpractice claim.
At Brockstedt Mandalas Federico (BMF), we represent patients throughout Maryland who have been seriously injured by negligent spinal surgery. Our attorneys have decades of experience handling complex medical malpractice claims, including those involving failed spinal fusion procedures, surgical errors, and post-operative complications. We understand how devastating these injuries can be and are here to help you understand your legal options.
This guide explains spinal surgery malpractice, how to identify it, and how a medical malpractice lawyer can help.
What Is Spinal Surgery Malpractice?
Spinal surgery malpractice occurs when a surgeon, hospital, or medical provider fails to meet the accepted standard of care during a spinal procedure, resulting in injury to the patient. Common examples of spinal surgery malpractice include:
- Operating on the wrong level of the spine;
- Nerve damage due to surgical negligence;
- Improper placement of screws, rods, or hardware;
- Failure to recognize or address post-operative infection;
- Delayed diagnosis of spinal fluid leaks; and
- Performing unnecessary spinal fusion surgery.
A medical expert is often required to determine whether the surgeon deviated from the standard of care.
How Much Can I Recover from a Spinal Fusion Lawsuit Settlement?
Like all spinal surgery malpractice cases, a spinal fusion lawsuit settlement varies widely based on the facts of the case. Factors that may influence the value of a settlement include:
- The extent of the injury or permanent disability;
- The cost of past and future medical care;
- Lost wages and diminished earning capacity;
- The degree of pain and suffering endured; and
- The strength of the expert medical testimony.
While no settlement calculator can predict a precise outcome, an experienced attorney can help you assess the strength of your case and determine what compensation you may be entitled to pursue.
Should I Speak with the Insurance Company?
After a spinal surgery injury, you may receive a call from the hospital or the doctor’s insurance provider. While they may seem helpful or sympathetic, it’s important to remember that their primary goal is to limit financial liability—not to help you recover what you’re owed.
Insurance adjusters are trained to gather information that can be used to reduce or deny your claim. They may:
- Ask you to provide a recorded statement that could later be taken out of context,
- Pressure you into accepting a low settlement offer before you understand the full extent of your injuries,
- Discourage you from speaking with a lawyer, or
- Misrepresent your rights or the strength of your case.
Speaking to the insurance company without legal representation can put your claim at serious risk. At BMF, we strongly advise clients not to talk with the insurer until they have consulted an experienced spinal surgery malpractice lawyer. We can handle all communication on your behalf, ensuring your rights are protected and you are not pressured into accepting less than you deserve.
How Can a Team of Spinal Surgery Malpractice Lawyers Help?
Medical malpractice cases involving spinal surgery are highly technical. Success often hinges on detailed medical records, expert analysis, and strategic legal advocacy. A spinal surgery malpractice lawyer can assist by:
- Reviewing your medical records for signs of negligence. A qualified attorney will conduct a detailed analysis of surgical notes, diagnostic imaging, and post-operative care records to identify where the standard of care may have been breached.
- Consulting with qualified neurosurgical or orthopedic experts. These professionals are critical in evaluating the care you received and providing testimony about what should have been done differently.
- Building a strong case based on medical standards of care. Your attorney will gather evidence to demonstrate how your care fell short of accepted practices and how that failure caused your injuries.
- Handling communication with hospitals, insurers, and defense attorneys. Dealing with these parties can be overwhelming. A lawyer is your advocate, managing negotiations and correspondence to protect your interests.
- Preparing your case for settlement or trial. While many cases settle out of court, some require litigation. An experienced attorney will be ready to present your case effectively to a judge or jury, if needed.
At BMF, we have handled many high-stakes surgical error claims and understand the complexity involved. We approach each case with the depth of experience and sophistication required to advocate for clients facing lifelong harm.
Statute of Limitations for Spinal Malpractice in Maryland
In Maryland, most medical malpractice claims must be filed within three years of the injury’s discovery or five years from the injury’s occurrence, whichever comes first.
If you believe your spinal surgery resulted in injury due to negligence, it is critical to act promptly. Waiting too long can result in losing your right to compensation, regardless of how strong your claim may be.
Talk to a Spinal Surgery Malpractice Lawyer in Maryland
Spinal surgery malpractice can have devastating consequences, but you do not have to face the aftermath alone. At Brockstedt Mandalas Federico, our spinal surgery malpractice lawyers are here to help you understand what went wrong, determine whether you have a viable claim, and pursue the compensation you deserve.
So if you’re wondering: Can you sue for failed back surgery? The answer is yes, and we can help. Our firm has achieved substantial results in complex malpractice cases across Maryland. We understand how to investigate surgical errors, work with medical experts, and hold negligent providers accountable.
If you have questions about your spinal procedure or seek guidance after a failed back surgery, contact BMF today for a free consultation. We are ready to listen and ready to help.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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