Miami Spinal Fusion Mistakes Lawyer
Spinal fusion surgery is performed to stabilize the spine and address painful or disabling conditions. These procedures can involve screws, rods, cages, or other hardware. When spinal instrumentation is improperly positioned, however, the result can be a new injury rather than the relief the patient expected.
One particularly concerning complication occurs when a screw placed during a cervical or lumbar fusion extends into or too close to a nerve root. A misplaced screw can irritate, compress, or injure the nerve, causing severe pain, numbness, weakness, or other neurological problems. In cases like these, the patient needs another operation to remove or reposition the hardware and repair the damage.
Spine surgery is complex, and even properly performed surgery can involve recognized risks. Medical malpractice occurs when the healthcare provider fails to meet the applicable standard of care and that failure causes an injury. When an injury does happen, Florida law places the burden on the patient to prove that medical negligence or incompetence is to blame.
At Sotolongo Law, we understand that evaluating a spinal fusion injury requires more than reading a surgical report. Medical records, imaging, operative details, neurological symptoms, and expert medical opinions may all be important. Miami spinal fusion mistakes lawyer Pedro P. Sotolongo has more than 20 years of medical malpractice experience, including five years representing healthcare providers and insurers in medical malpractice defense. That background gives our firm an understanding of how these cases are investigated and defended.
When a Spinal Fusion Screw Causes a Serious Injury
Spinal fusion requires a surgeon to work near structures that are critical to movement, sensation, and neurological function. Depending on the location and type of procedure, instrumentation may be placed close to the spinal cord or nerve roots.
A screw that is placed incorrectly may extend beyond the intended bony structure or occupy space where it should not. If hardware contacts or compresses a nerve root, the patient may experience symptoms that were not present before surgery or that are substantially different from the original condition.
The location of the problem matters. In a lumbar fusion, a screw can affect a nerve root serving the lower back or leg, while cervical hardware can affect nerves associated with the neck, shoulder, arm, or hand. Depending on the circumstances, the injury may require additional treatment.
The medical question is not simply whether the screw is close to a nerve. The case may turn on whether the placement was consistent with the prevailing professional standard of care under the circumstances and whether the positioning caused the patient’s injury.
Cervical and Lumbar Fusion Errors
Cervical and lumbar spinal fusions are performed for different conditions and involve different anatomy, but both require careful planning and precise placement of instrumentation.
A cervical fusion may address conditions involving discs, vertebrae, the spinal cord, or nerve roots in the neck. An improperly positioned screw or other hardware can cause neck or upper-extremity complications. Lumbar fusion involves the lower spine, where improperly positioned hardware can cause substantial back or leg symptoms.
In either type of procedure, the patient’s postoperative symptoms can provide important information about what happened. New neurological symptoms immediately after surgery, worsening symptoms after an initially successful recovery, or imaging that identifies hardware in an abnormal position may warrant careful investigation.
What Happens When a Screw Encroaches on a Nerve Root
When postoperative imaging shows that a screw may be contacting or compromising a nerve root, physicians must determine the nature and severity of the problem. Depending on the patient’s symptoms and clinical findings, treatment may range from observation and medication to additional intervention.
When the hardware itself is causing a significant problem, revision surgery may be necessary. Revision surgery can involve removing, repositioning, or replacing hardware and addressing the affected area of the spine. The patient may face another hospitalization, additional anesthesia, further recovery time, and additional medical expenses.
The need for revision surgery can also become an important part of the damages analysis in a malpractice claim. The legal claim is not based solely on the fact that a second surgery was necessary. Instead, the investigation must determine why the revision became necessary, whether the original procedure was performed below the applicable standard of care, and whether that breach caused the additional treatment and resulting injuries.
How Spinal Fusion Mistakes Are Investigated
A spinal fusion malpractice case often requires a detailed review of the medical record from before the operation through the patient’s subsequent treatment. Preoperative imaging may help establish the condition being treated and the location of relevant anatomy. The operative report can provide information about the procedure and hardware used. Postoperative imaging may show the position of the instrumentation after surgery.
The patient’s symptoms are equally important. A careful chronology can distinguish symptoms that existed before surgery from neurological problems that developed afterward. Emergency visits, follow-up appointments, therapy, pain management, and revision-surgery records may all help establish the course of the injury.
Expert review is generally essential. A qualified medical expert may evaluate whether the surgeon’s conduct met the applicable standard of care and whether the alleged error caused the patient’s injury. Florida’s medical malpractice statute requires a claimant to prove a breach of the prevailing professional standard of care and proximate causation. The existence of an injury by itself does not establish negligence.
That distinction matters in spinal fusion cases. A patient may have persistent pain or another complication even when surgery was performed appropriately. Conversely, a serious postoperative neurological injury may warrant further investigation when imaging, operative records, and expert analysis indicate that the hardware was improperly positioned.
Florida Medical Malpractice Requirements for Spinal Surgery Claims
Florida imposes specific presuit requirements before a medical malpractice lawsuit can be filed. Under Florida Statutes section 766.203, a claimant must conduct an investigation to determine whether reasonable grounds exist to believe that a prospective defendant was negligent and that the negligence caused an injury. The statute requires corroboration through a verified written medical expert opinion.
Florida Statutes section 766.106 also requires notice of intent to initiate litigation after the presuit investigation and before filing the lawsuit. Once the required notice is delivered, the prospective defendant generally has a 90-day presuit period to investigate the claim. The law also requires an authorization for release of relevant protected health information to accompany the presuit notice.
These requirements make timing and preparation important. A spinal fusion case may involve records from the original surgeon, hospital, imaging providers, rehabilitation professionals, and the surgeon who performed revision surgery. Identifying potentially responsible parties and obtaining medical review should occur before filing.
Why Medical Knowledge Matters in a Spinal Fusion Case
Spinal surgery cases can be difficult for a lawyer without substantial medical malpractice experience because the central issues are often highly technical. Understanding the terminology is only part of the challenge. The attorney must work with medical experts, understand imaging, connect symptoms to the relevant anatomy, and identify questions about whether treatment met the standard of care.
Pedro P. Sotolongo brings a perspective shaped by experience on both sides of medical malpractice litigation. Before representing injured patients, he spent five years defending healthcare providers. At Sotolongo Law, we use that breadth and depth of experience to investigate cases carefully rather than assuming that every poor surgical outcome represents negligence. Our goal is to understand what happened medically, identify the evidence that supports the claim, and prepare the case for the level of litigation it may require.
A Boutique Miami Firm Prepared to Take on Powerful Defendants
Sotolongo Law is a boutique personal injury firm that represents injured patients in Miami and South Florida. We take on major healthcare organizations and other powerful defendants while maintaining the personal care and attention that can be difficult to find at a larger firm.
Our broad and welcoming practice also serves Spanish-speaking clients and families, including members of Miami’s Cuban, Venezuelan, Nicaraguan, Argentinian, and broader Latin American and Hispanic communities. Clear communication matters when a patient is explaining symptoms, reviewing medical records, and making decisions about a potential claim.
Frequently Asked Questions About Spinal Fusion Mistakes
Can a misplaced spinal fusion screw cause a malpractice claim?
Potentially. The claim must be evaluated to determine whether the surgeon or another healthcare provider failed to meet the applicable professional standard of care and whether that failure caused an injury.
What if I needed revision surgery after a spinal fusion?
The need for revision surgery can be an important part of the case, particularly if the revision was necessary because improperly positioned hardware caused a new injury. The circumstances surrounding both the original fusion and the revision should be reviewed by qualified medical experts.
Can I bring a claim if a screw touched a nerve but I did not need revision surgery?
Possibly. Revision surgery is not required for every spinal fusion malpractice claim. The nature and extent of the injury, treatment required, medical expenses, pain, functional limitations, and other damages depend on the individual circumstances.
Does a bad outcome mean my spinal surgeon was negligent?
No. The existence of a medical injury alone is not proof of negligence. A medical malpractice claim requires evidence of a breach of the prevailing professional standard of care and causation.
How long do I have to pursue a spinal fusion malpractice claim in Florida?
Medical malpractice claims are subject to Florida’s statutory time limits, which can vary depending on the circumstances. Generally, a claim must be brought within two years of the date the injury occurred or was discovered, up to four years from the date of the injury. Because presuit investigation and notice requirements also apply, a person who believes a spinal fusion error caused an injury should seek legal advice promptly rather than waiting to determine whether a deadline is approaching.
Contact Sotolongo Law About a Spinal Fusion Injury in Miami
A spinal fusion is supposed to address a medical problem, not create a new injury caused by improperly positioned hardware. If a cervical or lumbar fusion left you with new neurological symptoms, imaging showed a screw encroaching on a nerve root, or you ultimately required revision surgery, the circumstances deserve careful medical and legal evaluation.
Sotolongo Law brings more than two decades of medical malpractice experience to these cases, including experience defending healthcare providers before representing injured patients. We understand the importance of reviewing the medicine, not just the legal issues, and we are prepared to take on powerful defendants when the evidence supports a claim.
Contact Sotolongo Law for a free consultation about your spinal fusion injury. We can discuss what happened, review the circumstances surrounding your surgery, and explain your legal options. You do not pay a fee for our legal services unless we obtain a recovery for you. Because We Care®.