New Study Reveals Major Cause of Malpractice During Spine Surgery

Delays in Diagnosis and Treatment Remain Major Cause of Serious Complications Including Paralysis During Spine Surgery

MANHATTAN, NEW YORK (February 26, 2025) – Malpractice during spine surgery can lead to very serious complications, including paralysis and seriously impact affected parties.

Any instance of malpractice during spinal surgery can also open the door to a potential lawsuit. For example, the family of a paralyzed teen has sued the Mayo Clinic after a back surgery left her paralyzed.

The lawsuit alleges that doctors failed to protect her spinal cord during a number of corrective procedures. A new study in the Journal of Neurosurgery has helped shed light on the link between spine surgery complications and malpractice claims.

According to the authors of the study, “Compared with cases without a delay in diagnosis of the complication, the cases with a diagnostic delay were more likely to result in a plaintiff verdict or settlement (42.9% vs 72.7%, p = 0.007) than a defense verdict, and were more likely to settle out of court (17.5% vs 40.9%, p = 0.008).”

To avoid potentially life-threatening complications, it is therefore critical for physicians to promptly diagnose and treat patients in the event of a surgical complication.

Liability for Medical Malpractice During Spinal Cord Surgery

Medical malpractice during spinal cord surgeries is unfortunately all too common. According to one study in Sage Journals, “Most spine surgeons will face one or more malpractice claims within their career. In a review of litigation involving policy holders of a large professional liability insurer, Jena et al reported that 19.1% of neurosurgeons faced medical claims annually.” There are a number of steps that spinal cord surgeons should take in order to avoid needlessly harming their patients.

• Surgeons should perform a thorough patient evaluation that will include detailed imaging from MRIs, CT scans, and x-rays.
• Surgeons should use minimally invasive techniques when feasible.
• Surgeons should thoroughly wash their hands before procedures and ensure all instruments are thoroughly cleaned.
• Surgeons should carefully monitor patients at all times during surgery and post-surgery in order to identify complications.

Hospitals can be liable if they injure a patient during spinal surgeries. Surgeons must go through years of additional training and residency after getting their medical license. Because of this, they are held to a very high standard in terms of safety. Medical malpractice occurs when a patient is injured or killed by a doctor or hospital’s deviation from the applicable standard of care. Victims of medical malpractice during spinal cord surgeries can suffer many different injuries.

• Anesthesia Complications
• Thrombophlebitis (blood clots)
• Poor Circulation
• Lung Problems
• Infection
• Sexual Dysfunction
• Paralysis

Any type of damage to the spinal cord can have life-altering implications. In many cases, victims may not be able to walk again. This can impair their ability to be gainfully employed and derail all of the plans that they’ve had. To make matters worse, physicians and hospitals will often do everything in their power to deny responsibility if they injure a patient due to their own negligence. This is why it is so important that malpractice victims understand that they do have legal options. They are able to seek some measure of accountability through a bodily injury claim.

Getting Legal Help After Spinal Cord Injuries From Surgeries

We at Gersowitz Libo & Korek, P.C. extend our best wishes to all of the people who have been harmed by medical malpractice during spinal cord surgeries. As medical malpractice attorneys, we understand how difficult it can be to move forward after being seriously injured by a physician. It is our sincere hope that regulators and hospitals adopt concrete measures to help minimize errors during spinal cord surgeries.

Have you or someone that you care about been paralyzed or injured as a result of a spinal cord surgery? You may be entitled to financial compensation for your injuries. Our team of medical malpractice attorneys is committed to helping victims get the medical and financial support that they need in order to recover. Whether you just have legal questions or are thinking about hiring an attorney, we are here to help you. You can reach out to us anytime at (516) 908-9792.