Spinal cord injuries can impact a person’s physical, emotional, and social well-being for the rest of their life. Considered one of the few “catastrophic injuries” by the legal community, they require extensive medical treatment and are often fundamentally life-altering. The vast majority of spinal cord injuries are caused by events like automotive accidents, falls, and person-to-person violence, but sometimes, they are caused by medical errors.
Medical malpractice, or the negligent wrongdoing of a medical professional, currently accounts for about 3.7% of all spinal cord injuries, or around 666 injuries every year. That might seem like a small number, but considering the severity of these injuries and the fact that medical errors are avoidable, it is far too common.
This article will explore the most common medical malpractice errors leading to spinal cord injuries. Knowing these errors can help survivors understand if they have a valid medical malpractice claim. If you are suffering from a spinal injury due to malpractice, you’re encouraged to reach out to a medical malpractice lawyer, regardless if your injury falls under one of the following causes.
What is a Spinal Cord Injury?
A spinal cord injury (often abbreviated as “SCI”) consists of damage to the bundle of nerves that make up your spine. These nerves let your brain communicate with the rest of your body, allowing you to move and feel physical sensations. Depending on the severity and location of the damage, a spinal cord injury can cause difficulty breathing, impaired organ functioning, paralysis, and death, among many other symptoms.
Spinal cord injuries are complex and vary in classification by their outcome, location, and required treatment. In terms of severity, all SCIs can be divided into two categories: complete and incomplete.
- Incomplete: An incomplete spinal cord injury means that the patient has retained movement or feeling below the site of the injury. The amount of mobility and feeling can vary widely and is defined by varying grades of damage. Sometimes, patients can recover in up to 18 months.
- Complete: A complete spinal cord injury means that the patient is permanently damaged below the site of the injury. Nerve signals are cut off to the area below the injury, and the patient will experience permanent paralysis in the affected area. About 50% of spinal cord injuries are complete.
Paralyses resulting from complete spinal cord injuries are referred to as different forms of plegia. Tetraplegia (also known as quadriplegia) means that the survivor’s arms, hands, pelvic organs, torso, and legs are all affected, and they may experience full-body numbness and mobility below the neck, where the spinal cord was injured. Paraplegia affects the legs, pelvic organs, and the torso, while the arms remain capable of mobility and sensation.
Common Medical Malpractice Errors that Cause Spinal Cord Injuries
Medical errors can cause both incomplete and complete spinal cord injuries, leading to devastating physical, financial, and social consequences. The following examples illustrate how common medical negligence is linked to life-altering spinal cord injuries.
Note: this list is not exhaustive. For example, a spinal cord injury may occur during a lumbar puncture (spinal tap) if the patient is not positioned properly when a doctor collects cerebrospinal fluid for testing. However, this is not a common complication.
Surgical Errors
Surgical errors are the most significant cause of spinal cord injuries resulting from medical malpractice. These errors can occur during procedures such as spinal fusion, laminectomy, or discectomy. A surgeon might inadvertently damage the spine or surrounding nerves by using improper techniques, operating on the wrong site, or failing to address complications such as excessive bleeding.
Such mistakes can lead to permanent nerve damage, paralysis, or chronic pain. Additionally, inadequate postoperative care, such as neglecting to monitor for spinal hematomas (or treating them with substandard care) can lead to permanent neurological damage, such as paraplegia.
Misdiagnosis
Misdiagnosis or delayed diagnosis is one of the most common examples of medical malpractice. In certain contexts, this common medical error can result in severe spinal cord injuries. For example, conditions like spinal tumors, herniated discs, or spinal infections may be misinterpreted as less serious back pain issues, leading to a delay in necessary treatment. This can allow the condition to worsen, further compressing the spinal nerves, and lead to permanent loss of function.
Numbness or paralysis from a spinal cord injury can happen immediately, or develop slowly. Without timely intervention, these conditions can cause irreversible damage to the spine. Misdiagnosis not only denies patients the opportunity for early treatment but also exposes them to unnecessary risks from non-applicable treatments.
Spinal Anesthesia Errors
Anesthesia administration errors during spinal surgeries, or epidural injections during labor, can also result in spinal cord injuries. These mistakes may include incorrect dosages, failure to account for a patient’s medical history, or improper needle placement. For instance, a misplaced epidural needle can puncture the dura mater (the outermost membrane that covers the spinal cord and brain), potentially leading to spinal fluid leaks or subdural hematomas. These complications compress the spinal cord, potentially causing irreversible damage. As a result, patients may experience partial or total paralysis.
Using epidural and spinal anesthesia is an ordinary technique for providing pain relief or preparing patients for surgery, making anesthesia errors one of the most common contexts for medical malpractice leading to SCIs. Unrecognized complications such as infections or allergic reactions to anesthesia can also exacerbate a patient’s existing spine problem(s).
Mismanagement of Spinal Cord Infections
Infections, including but not limited to, spinal epidural abscesses or vertebral osteomyelitis can lead to catastrophic outcomes if not properly managed. Doctors can fail to recognize early symptoms such as localized pain, fever, or neurological deficits. Delays in diagnosing and treating these infections—with antibiotics or surgical drainage—can result in permanent spinal cord damage.
This type of medical negligence is particularly egregious, given that permanent damage from spinal cord infections is almost always preventable. Doctors should always perform spinal taps if patients show signs of potential infections like spinal meningitis or discitis, even though these infections rarely lead to spinal cord injuries. Without the proper diagnosis, complications like sepsis, paralysis, and death can occur from these infections.
Hospital and Nursing Negligence
Hospitals and rehabilitation centers have a duty of care to ensure patient safety. Failing to provide adequate fall prevention measures, especially for patients with existing spinal vulnerabilities, can result in traumatic spinal injuries. Common oversights include poor use of assistive devices and neglect in monitoring patients.
Even during routine procedures, nurses can handle a patient too roughly or position them incorrectly, compressing the spine and exacerbating pre-existing issues. Nurses may also make medication administration errors, such as failing to manage anticoagulants (blood thinners) to treat a patient suffering from a hematoma. Similarly, radiologists can misinterpret X-rays or CT scans, owing their mistakes to negligence or faulty hospital equipment.
Spinal Cord Injury Attorneys at Stalwart Law Firm
These common errors underscore the devastating consequences that medical negligence can have on a patient’s life. If you have suffered a spinal cord injury due to any medical error, regardless if it is listed above, you may be entitled to significant compensation, and should speak to a specialized attorney. Stalwart’s spinal cord injury lawyers have extensive experience fighting medical malpractice cases, and have won hundreds of millions of dollars for spinal cord injury victims.
Fighting medical malpractice cases is a byzantine process, and should not be handled without expert legal support. Moreover, our specialized spinal cord injury team will help you fight for a full range of compensation for your injury. In California, this can include medical bills, pain and suffering, loss of enjoyment of life, lost wages, and compensation for assistive devices and in-home care needed for maintenance and recovery. With the right legal representation, you can be sure that all current and future damages are accounted for.
Do not let medical mistakes define your future. Stalwart Law is committed to holding negligent parties accountable for their errors, and we are ready to support you through your spinal cord injury lawsuit. To find out if you have a valid medical malpractice lawsuit, call or message us today for a free consultation.
* The articles provided on the Stalwart Law website are for informational purposes only and are not intended to be used as professional legal advice or as a substitute for legal consultation with a qualified attorney.