Last updated on August 4th, 2023
With any type of surgery, there is a risk for complications and spinal surgery is no different. When surgery is performed near the spine and spinal cord, potential postoperative complications may become significant. Ohio law can classify spinal surgery mishaps as a form of medical malpractice, let’s review the law so you know your rights.
However, at Dyer, Garofalo, Mann & Shultz we have seen an increasing number of clients in the Dayton area with injuries as a result of mishandled spinal cord surgery. Before we discuss some of the most common complications when spinal cord surgeries go wrong, let’s review the legal implications of this type of medical malpractice.
If you believe that your injuries could be a result of a mishandled surgery, don’t hesitate to contact an Ohio spinal cord injury attorney to assist you accordingly.
Spinal cord stimulator surgery is a less invasive procedure that is used for dealing with chronic pain. It involves implanting a spinal cord stimulator into the patient’s body. This device relays mild electrical impulses to the spinal cord, which helps interrupt pain signals before the brain perceives them as pain. Thus, this procedure is meant to treat back pain that persists despite using pain relievers, undergoing surgical procedures, or physical therapy.
Spinal cord stimulation is a treatment used to help manage chronic pain. It involves placing tiny wires called electrodes near your spinal cord. These electrodes send electrical impulses to block pain signals before they reach your brain. It can help reduce pain, thus improving the quality of life for people whose daily lives have been affected by chronic spinal cord pain.
Spinal cord stimulators are recommended for those who have chronic pain that has not responded well to other treatments. John Hopkins Medicine lists some of these conditions as:
It is important to note that a spinal cord stimulator is not appropriate for everyone with chronic pain. There are several factors that may influence whether an individual is a good candidate for this treatment option. These factors include:
In order to ascertain if a spinal cord stimulator is suitable, a thorough evaluation should be done by a team of medical professionals. Failure to undertake this evaluation properly may make the procedure risky for you. If you suspect that the doctor’s negligence during spinal cord stimulator surgery caused you harm, you have grounds to seek legal redress.
If you’ve suffered one of the post-surgical complications described above or other complications after spinal surgery, you may have suffered damages such as:
In some circumstances, you may have substantial negative effects, such as ongoing increased pain, partial paralysis, or organ damage. And, you may be entitled to compensation for those damages.
The first step is to determine whether one of your medical providers, a healthcare facility, or an equipment manufacturer was legally responsible for your injury.
It might seem like common sense that if you undergo surgery and emerge worse off, someone did something wrong. Often, that’s true–but not always.
To establish a medical malpractice claim against the surgeon, the hospital, or another medical provider, you must demonstrate that the provider or facility did not meet the accepted standard of care in the field.
The threshold for filing a medical malpractice claim in Ohio is higher than that for filing a personal injury case, in that an Affidavit of Merit must be filed with the complaint. The Affidavit of Merit is a sworn statement from a qualified professional in the field that must include:
(i) A statement that the affiant has reviewed all medical records reasonably available to the plaintiff concerning the allegations contained in the complaint;
(ii) A statement that the affiant is familiar with the applicable standard of care; and
(iii) The opinion of the affiant that the standard of care was breached by one or more of the defendants to the action and that the breach caused injury to the plaintiff.
The affidavit is just the beginning. Once the case is filed, one or more expert witnesses will be required to establish the accepted standard of care and how the medical provider or facility failed to live up to that standard.
Under Ohio Revised Code Section 2305.113, medical malpractice claims are those that “arise out of the medical diagnosis, care, or treatment of any person.” Medical malpractice usually involves an act or omission that results in harm to the patient. Examples include a healthcare provider failing to inform the patient of all the risks of surgery or not properly sterilizing the area before performing a procedure. Other types of medical malpractice involve negligent hiring, training, or supervision of medical staff such as allowing an assistant to perform surgery when they aren’t qualified or licensed to do so. In a medical malpractice case, the claimant must prove the healthcare provider’s error was preventable and that their injury occurred as a result of that error.
Establishing a product liability claim based on a defect in the hardware or other equipment used in your surgery presents a different set of challenges. Typically, a manufacturer is responsible for harm caused by defective products, even if they were not negligent. However, the fact that a screw didn’t hold or an implant migrated generally won’t be sufficient to demonstrate that the product was defective. For example, those complications could have arisen due to improper installation, or it may simply be something that sometimes occurs in the healing process, even if everything goes well.
Like establishing that a medical provider hasn’t met the standard of care, establishing that a piece of hardware was defective or unsuited for the purpose it was sold for typically requires expert witnesses.
If you suffer from chronic back pain or other limitations due to a spinal injury, disk degeneration, or other chronic back issues, spinal surgery can be life-altering. But, no surgery is risk-free. If you’ve had spinal surgery, it’s important to be aware of some of the most common complications you may face. Otherwise, you might not connect them with your spinal surgery and might not seek the right medical care.
Some post-surgical complications are common to most or all types of surgery, while others may be specific to the type of surgery performed or higher risk for certain surgeries.
Adverse effects of anesthesia can happen during or after any type of surgery. Spinal surgery may put a person at a higher risk than some other types of surgery because it is typically done under general anesthetic. Though orthopedic surgeries like spinal procedures aren’t the longest type of surgery, the average time under anesthesia is above the median, at three hours and 17 minutes.
Complications from anesthetics can happen due to allergic reactions, unusual sensitivity to the medication, drug interactions, underlying medical conditions, or because too much anesthesia was administered.
Blood clotting is also a risk of many different types of surgery. Spinal injury surgery doesn’t carry a special risk of blood clots (also described as deep vein thrombosis or DVT). But, one of the reasons people are at risk of blood clots after surgery is that they’re largely immobile during recovery. When you’re not moving around, your blood isn’t circulating as effectively, increasing the risk of clots. That’s true even if you’re otherwise perfectly healthy and just don’t move around for an extended period.
That’s why hospitals like to get you up and walking as soon as possible after surgery. If that’s not possible, they may use other exercises to get your blood circulating. You’ll also likely be treated with medication to slow clotting.
Like blood clots and reactions to anesthesia, infection can occur after any type of surgery. However, an untreated infection after spinal surgery can have a range of serious consequences, including infection spreading into the area surrounding the spinal cord, necessitating further surgery. The sooner a post-surgical infection is treated, the better–this is not a “wait and see if it goes away” situation.
Some possible signs of post-surgical infection include fever, redness and swelling around the wound, heat around the wound site, increased pain, and liquid or pus oozing from the wound.
There are several reasons you may experience less-than-optimal lung function right after surgery. In some patients, the effects of anesthesia on the lungs linger shortly after surgery. In others, drugs suppress respiratory function, or time spent lying in bed keeps the lungs from working normally. The effects of less-than-peak lung performance may range from low blood oxygen levels–which can cause confusion, high blood pressure, headaches, and other symptoms–to pneumonia.
Your medical providers will likely encourage you to consciously take deep breaths after your surgery, try to get you upright as much as possible, and even recommend a respiratory therapist.
Any surgery for spinal cord injury involves some risk of damage to the spinal cord, which contains nerves connecting your brain to various areas of your body. This type of injury may be temporary or permanent, and may or may not be repairable. The extent of the harm will depend on the nerves impacted since each carries signals to a different part of the body.
One of the key motivators for some who undergo spinal surgery is to reduce or eliminate chronic pain. But, the outcome can be unpredictable. Your surgeon should talk with you before spinal surgery about the possible outcomes and the risk that the pain level may stay the same, or even increase.
Even when spinal surgery is successful, pain may not resolve immediately after surgery. It’s important to communicate with your doctor about the pain you’re experiencing and follow post-surgical instructions.
Some types of spinal surgery rely on materials inserted or implanted. These may include rods, screws, and other hardware intended to provide stability during post-surgical healing. There are two distinct risks associated with this type of hardware. First, materials may be defective, or be installed imperfectly, meaning that they may break, shift, or come loose.
The other risk is that the implant may migrate shortly after surgery before healing has locked it in place. In either of these situations, additional surgery may be required to remove or replace the hardware.
As a patient considering this surgery, you will be working with an interdisciplinary team involved in the evaluation, selection, and follow-up care.
First and foremost, you will need to consult with a primary care physician, such as a neurologist or a pain management specialist. They will evaluate your pain, review your medical history, and ascertain if you are suitable for spinal cord stimulator surgery. If they believe this procedure may benefit you, they will refer you to a neurosurgeon.
A neurosurgeon will thoroughly assess your condition, explain the surgical procedure in detail, and address any concerns or questions you may have. The neurosurgeon will be responsible for performing the actual surgery to implant the spinal cord stimulator. During the surgery, an anesthesiologist will be present to administer anesthesia and monitor your progress throughout the procedure.
After the surgery, you will likely be referred to a pain management specialist or a physical therapist. They will guide you through the recovery process, help manage any post-operative pain or discomfort, and assist you in maximizing the benefits of the spinal cord stimulator. They may recommend specific exercises, therapies, or lifestyle modifications to enhance your overall well-being and optimize the functioning of the implanted device.
Not all surgical complications result from malpractice or defective materials. The best way to determine whether you may have a medical malpractice or product liability claim after surgical complications is to talk with an experienced medical malpractice attorney. The Ohio attorneys at Dyer, Garofalo, Mann & Schultz are dedicated to helping injured people get the compensation they deserve. We have decades of experience and have helped thousands of clients.
To learn more about how we may be able to help you, call 937-222-2222. The initial consultation is always free, and there’s no obligation.
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Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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