Can Medical Negligence be Argued When a Patient Experiences a Well-Known Complication after Surgery?
For insight into this question, consider a recent case that caught the attention of Herndon athlete’s attorney Doug Landau:
This example involves a 40-year old professional athlete who underwent back surgery to repair a right sided lumbar spine disk herniation. He also had lumbar stenosis. After performing a decompressive laminectomy and BAK cage and pedicle screw fixation fusion, the surgeon confirmed the herniation and the nerve root was intact. Multiple disk fragments were also noted under the L5 nerve root.
However, following his back surgery, the athlete suffered from LEFT sided foot drop. Foot drop, a condition where the foot drags because the nerve coming from the spinal cord is being pinched or disrupted, is a well-known complication of back surgery. Unfortunately, the condition is permanent, with less than a 1% chance of improvement. Not willing to easily accept a permanent disability, the man sought the opinion of another physician. The second doctor advised the patient that the surgeon may have stretched the nerve too far, causing permanent damage.
Was the foot drop, then, an avoidable complication that happened because of an error or negligence on the doctor’s part?
Not necessarily, according to Lawyer Landau. “Even though the outcome in this case (foot drop) was unfortunate, it is a well-known complication of the operation. In fact, evidenced by the spinal fragments found in the spinal column, the surgery may have actually helped this athlete avoid something much worse — paralysis,” notes Landau. When evaluating liability in a medical negligence case, the question to ask is, did the doctor’s actions fall below the applicable standard of care for that procedure under the circumstances?
The bottom line is — if a necessary surgery results in a known complication despite reasonable care by the physician, then an experienced lawyer should counsel against bringing any legal action for damages. If you or someone you know has suffered an unfortunate outcome from a surgery or other medical procedure and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).