Paralyzed by Medical Negligence: Understanding Spinal Cord Injury Lawsuits

Negligent health care can lead to devastating consequences for patients, including life-altering spinal cord injuries. Victims of these injuries face immense physical, emotional, and financial challenges.

When doctors and other medical providers fail to meet the standards of their profession, the Jacob D. Fuchsberg Law Firm is there. Our New York hospital negligence lawyers are committed to helping victims seek justice and fair compensation. In this comprehensive guide, we provide insights into spinal cord injury claims.

What Happens When a Spinal Cord Is Damaged?

The spinal cord transmits signals between the brain and the body. A spinal cord injury can disrupt these vital communications, leading to a range of symptoms and complications:

• Loss of sensation or altered sensation
• Complete or partial paralysis
• Loss of bodily functions
• Chronic pain
• Respiratory issues

A complete spinal cord injury leads to the total loss of function below the injury site. Someone who experiences a partial, or incomplete, injury may still retain some function. Even so, they may have to relearn how to navigate the world. The severity and location of the injury determine the extent of its impact on a person's life.

Spinal Cord Injuries due to Medical Negligence and Errors

Most spinal cord injuries result from motor vehicle collisions, falls, and sports accidents. However, a significant number are caused by medical negligence. Healthcare providers can cause or worsen spinal cord injuries in these scenarios:

• Surgical errors: Mistakes during spinal surgery or other procedures near the spine.
• Misdiagnosis or delayed diagnosis: Failure to promptly identify and treat conditions that can compress or damage the spinal cord, such as tumors or infections.
• Anesthesia errors: Nerve and spinal cord damage from improperly administering anesthesia.
• Emergency room malpractice: Failure to properly assess and treat spinal injuries in emergency situations.
• Nursing malpractice: Improper care or monitoring of patients with spinal injuries or conditions.
• Pediatric malpractice: Mishandling or misdiagnosing spinal issues in children, potentially leading to long-term damage.
• Medication errors: Prescribing or administering incorrect medications that affect spinal cord function.
• Improper patient handling: Exacerbation of damage by the negligent movement of patients with suspected spinal injuries.
• Birth injuries: Physical trauma during delivery that damages a baby’s spine.

Medical providers are trained to take extra caution in order to prevent spinal cord injuries. When they don’t, the patient is the one who pays the price.

Pursuing a Spinal Cord Injury Lawsuit: Types of Compensation

When medical professionals fail to adhere to the accepted standard of care, they may be held liable for the harm they cause patients. For example, an autistic woman in New York received $9 million after being misdiagnosed and sent home from a hospital despite having a serious spinal cord injury.

In a successful spinal cord injury case, you may seek comprehensive compensation to recover the following costs:

• Medical care (past and future): Immediate treatment, hospitalization, surgeries, rehabilitation, medications, and ongoing medical care related to the spinal cord injury.
• Home and vehicle modifications: Adapting your home and car to help maintain your independence.
• Assistive devices: The purchase of wheelchairs, braces, and other devices.
• Lost income and earning capacity: Wages lost due to the injury and the potential future earnings that you may have missed out on.
• Pain and suffering: Physical pain and mental anguish caused by the injury
• Emotional distress: Your psychological trauma and emotional suffering.
• Loss of enjoyment of life: Inability to participate in activities and enjoy life as you did before the injury.

Through a medical malpractice lawsuit, you may seek compensation not just for your expenses but also for the devastating impact of the injury on your quality of life.

The Jacob D. Fuchsberg Law Firm Secures Victory for Paralyzed Prisoner in Delayed Spinal Cord Treatment Case

Our legal skill and dedication to our clients was demonstrated in a recent successful spinal cord injury case.

We represented a 40-year-old man who developed a spinal cord infection in prison. Even though there were clear warning signs of infection, doctors neglected to treat the man for his condition. For two weeks, our client didn't get any help. When he finally received proper care, it was too late — he was paralyzed.

Managing Partner Bradley Zimmerman took on this challenging case. He fought tirelessly to hold the correctional facility and healthcare providers accountable for their negligence. Thanks to Mr. Zimmerman's professionalism and determination, we secured a settlement of $3 million.

While this money could not cure the client’s injury, it can offer security and allow him to access future medical care.

How to File a Spinal Cord Injury Lawsuit

To get compensation through a lawsuit, you need strong evidence and lots of time to prepare. When you choose the right legal team, you can focus on your recovery while your lawyer handles the tough tasks.

If we accept your case, we’ll take you through the following stages:

• Initial consultation and case evaluation: You’ll meet with us to discuss your case and assess its potential merits.
• Gathering medical records and evidence: We’ll collect and review any documents that support your claim.
• Consultations with medical experts: We may use testimony from medical experts to establish the standard of care and explain how your provider failed to deliver it.
• Filing the lawsuit: Once we’ve gathered evidence and prepared your case, we can file a medical malpractice lawsuit.
• Discovery phase: During this phase, we will exchange information and documents with the defendant’s legal team.
• Settlement negotiations: We will try to avoid a trial by negotiating a fair settlement that covers your losses.
• Trial, if necessary: If a settlement cannot be reached, we’ll represent you in court.

We’ll keep you informed and involved through each stage of your case.

Statute of Limitations for Medical Malpractice Claims

In New York, the time limit for filing a medical malpractice lawsuit is 2 years and 6 months from the date of the incident or from the date the medical provider last treated you for the condition in question.

If you fail to meet the deadline, you may lose the opportunity to seek compensation. Since your lawyer needs time to build a strong case, it's important to get legal advice as soon as you learn about the medical provider’s mistake.

Choosing the Right Legal Representation

When you’re preparing for a spinal cord injury lawsuit, you should know how to choose the right medical practice attorney. Look for a law firm with:

• Extensive experience in medical malpractice cases
• A track record of successful settlements and verdicts
• Access to top medical experts
• A compassionate approach to client care
• Resources to handle complex litigation

At the Jacob D. Fuchsberg Law Firm, we believe we have all of these qualities and more. When you book your free consultation with our New York medical malpractice lawyers, you’ll see for yourself how we can fight for you.