Misdiagnosing Or Delaying Treatment For A Spinal Cord Injury May Be Medical Malpractice


Spinal hematoma is a condition resulting from an accumulation of blood within the spinal cord that causes extreme neck and/or back pain when pressed against nerves.  The pressure caused by the hematoma must be eliminated in order for the pain to cease.  If the condition is not cured, patients may expect to suffer from permanent nerve damage.

Experienced medical malpractice attorneys know that spinal hematoma may occur spontaneously, but it is also sometimes caused by the negligent act of a doctor during the course of medical treatment.

Spinal hematoma has been known to occur after a patient has received a spinal epidural.  If the needle was inserted negligently, or if the needle was inserted several times before successful insertion, hemorrhaging may occur.  Acupuncture has also been known to cause spinal hematomas.  Standard treatment for spinal hematomas is immediate decompression of the pressure on the spinal cord and/or surrounding nerves.

A patient who suffers from or has suffered from this condition may seek recovery in a court of law for the damages he/she sustained if negligence on the part of a medical professional can be proved.  A medical professional could have been negligent if he/she performed a procedure negligently with such causing the condition.  Negligence can also arise if the medical professional negligently failed to diagnose the condition and such failure caused the patient to experience a loss greater than which he/she would have experienced had the diagnosis been timely.

An experienced medical malpractice attorney will prove that a doctor/patient relationship arose by which the medical professional owed a duty to not cause the harm that was caused.  A medical expert will advise a jury as to the standard of care owed to the plaintiff as dictated by the profession and locality in which the defendant practiced.  Next, there will need to be a showing as to how the defendant breached the standard of care.

The plaintiff’s attorney will also need to prove that the breach was the proximate cause of the patient’s injuries.  This means that the spinal hematoma must have been directly caused by the doctor’s breach of care.  Lastly, there can be no recovery if the plaintiff has not suffered damages.

Damages are the quantification of a plaintiff’s loss in monetary terms.  In order to recover, the plaintiff will have to prove that he/she has lost income, money spent on medical bills, future earning potential, and the like, all of which was attributable to the doctor’s negligence.  Pain and suffering may also be recovered.  Close relatives of the victim may also recover for loss of consortium; this is a loss of the support, companionship, and aid that the patient provided to the close relative.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.